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1/2/1990
r d BOARD OF COLivii UUMMIbblUNERS INDIAN RIVER COUNTY, FLORIDA M E. Budget Amendment 016, Miscellaneous Funds (Memorandum dated 12/19/89) F. Budget Amendment 022, Lightening Strike (Memorandum dated 12/27/89) G. Budget Amendment 023, to Reflect Change of Capital Items in Environmental Control Board's Budget (Memorandum dated 12/27/89) 800 �h P", i.z. A G E N D A REGULAR MEETING JANUARY 2, 1990 9:00 A.M. - COUNTY COMMISSION CHAMBER - ADMINISTRATION BUILDING _ 1840 25th STREET 4.1 VERO BEACH, FLORIDA - COUNTY COMMISSIONERS Gary C. Wheeler James E. Chandler, County Administrator Carolyn K. Eggert Richard N. E•ird Charles P. Vitunac, County Attorney Margaret C. Bowman Don C. Scurlock, Jr.. Jeffrey K. Barton, Clerk to the Board 9:00 AM 1• CALL TO ORDER 2. A. INVOCATION - Dr. John Simon First Methodist Church B. PLEDGE OF ALLEGIANCE - Commissioner Gary C. Wheeler 3. A. ELECTION OF CHAIRMAN B. ELECTION OF VICE CHAIRMAN 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS I. 2. Postponement of Item 7A -- Lomas Mortgage Co. Public Nuisance. Two additions to Consent Agenda: as Item H. Revisions to IRC Water & Wastewater Utilities Standards as Item I. Auth. to dredge 14th St. Canal 3. 5. Addition of repair to roof of Vero Beach Main Libraryy CONSENT AGENDA 4. Abolishment of Courthouse Faci l i ties Committee. A. Approval of Minutes of Regular Meeting of 11/21/89 B. Approval of Minutes mutes of Regular Meeting of 11/28/89 C. Request Approval of Out-of-state Travel for Commissioners to Attend NACo Legislative Conference D. Release County Utility Liens (Memorandum dated 12/26/89) E. Budget Amendment 016, Miscellaneous Funds (Memorandum dated 12/19/89) F. Budget Amendment 022, Lightening Strike (Memorandum dated 12/27/89) G. Budget Amendment 023, to Reflect Change of Capital Items in Environmental Control Board's Budget (Memorandum dated 12/27/89) 800 �h P", i.z. BOOK L78 75*2 6. CLERK TO THE BOARD None 9:05 AM 7. A. PUBLIC DISCUSSION ITEMS Lomas Mortgage Co. Public Nuisance: Assessment for Abatement of Nuisance (Memorandum dated 12/15/89) B. PUBLIC HEARINGS 1) South U.S.#1 Force Main, Phase II Indian River Boulevard Wal-Mart to Vero Beach Wastewater Treatment Plant (Memorandum dated 12/14/89) 2) ORDINANCE MAKING ADDITIONS, DELETIONS AND AMENDMENTS TO ARTICLE II (BUILDING CODE): ARTICLE IV (ELECTRICAL CODE): ARTICLE V (GAS CODE): ARTICLE VI (PLUMBING CODE): ARTICLE VII (MECHANICAL CODE): AND ARTICLE VIII (HOUSING CODE): CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY: PROVIDING FOR CONFLICTING PROVISIONS: PROVIDING FOR SEVERABILITY: PROVIDING FOR INCORPORATION IN CODE: AND PROVIDING FOR EFFECTIVE DATE (Memorandum dated 12/14/89) 8. COUNTY ADMINISTRATOR'S MATTERS A. Traffic Impact Fees, Fellsmere (Memorandum dated 12/27/89) B. Construction Management 9. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Draft Comprehensive Plan OCR Report (Memorandum dated 12/21/89) B. EMERGENCY MANAGEMENT None C. GENERAL SERVICES Traffic Paint Strip fng. r- IRC Bid 90-19 (Memorandum dated 12/20/89) D. LEISURE SERVICES Circus Lease (Memorandum) E. OFFICE OF MANAGEMENT AND BUDGET Escambia County Housing Finance Authority Multi -County Single Family Mortgage Revenue Bond Program 9. DEPARTMENTAL MATTERS - CONTINUED F. PERSONNEL None G. PUBLIC WORKS 1) Golden Sands Park Irrigation Well (Memorandum dated 12/19/89) 2) Amendment for Additional Professional Engineering/Surveying Services - Miscellaneous Inter - Sections, Phase III, Lloyd & Assoc, Inc. (Memorandum dated 12/14/89) H. UTILITIES 1) Final Change Order - Engineering Services Rockridge Sewer Project (Memorandum dated 12/19/89) 2) Baytree Force Main (Memorandum dated 12/19/89) 3) Utilities Rate Consultant Selection (Memorandum dated 12/26/89) 4) Recycling and Education Grant 1989 Waste Tire Grant 1989 (Memorandum dated 12/19/89) 10. COUNTY ATTORNEY A. Town of Orchid/Windsor Polo Utility Assignment (Memorandum dated 12/14/89) B. Request for Return of Funds Paid in Lieu of Beach Access Easement Dedication (Memorandum dated 12/27/89) C. Request to Purchase Park Tract in Sunshine Quality Homes Unit II (Memorandum dated 12/26/.89) 11. COMMISSIONERS ITEMS A. COMMITTEE APPOINTMENTS/REAPPOINTMENTS 1) BOARD OF TRUSTEES OF LAW LIBRARY 11 year term) Present Incumbent: Carolyn K. Eggert 2) BOARD OF ZONING ADJUSTMENT (2 year terms) Present Incumbents: John Kirchner (District 2) Ralph Lindsey (District 4) Dorothy Hudson (District 5) BOOK a j'�.;, BOOK ,JAN 2 WO lI. COMMISSIONERS ITEMS - CONTINUED PAGE - A. COMMITTEE APPOINTMENTS/REAPPOINTMENTS CONTINUED 3) COUNTY CORRECTIONAL PLANNING COMMITTEE (Serves at Discretion of Board) Request to expand committee by adding: William Koolage Charles L. Visalli Rev. Buddy Tipton ; 4) ECONOMIC DEVELOPMENT COUNCIL (Serves at Discretion of Board) Acceptance of Edgar L. Schlitt's Resignation (Letter dated 10/24/89) Carolyn K. Eggert Martin Wall Skip Houser - Climatic (NEW) Ralph Lundy Keith Pelan - Landscape Architect (NEW) Becky Allen - Barnett Bank (NEW) Linda Lindsay - Schlitt Realty (NEW) Peter Robinson Board of Realtors - Herndon Williams Chamber of Commerce - Tom Cornelius Council of 100 - Keith H. Morgan, Jr. School Board - Gene Waddell City of Vero Beach - Molly Beard City of Sebastian - Robert McCollum Ned Gartner 5) ECONOMIC OPPORTUNITIES COUNCIL (1 year term) Present Incumbents: Vacancy (District 1) Freddie Woolfork (District 2) Vacancy (District 3) Vacancy (District 4) Vacancy (District 5) 6) FINANCE ADVISORY COMMITTEE (2 year terms) Present Incumbents: Don C. Scurlock, Jr. Ed Lovell John Morrison -. 7) IRC COUNCIL ON AGING (1 year term) — Present Incumbent: Margaret C. Bowman 8) LIAISON BETWEEN COUNTY AND E14ERGENCY MANAGEMENT (1 year term) Present Incumbent: Carolyn K.* Eggert 9) LOCAL ENERGY MANAGEMENT (1 year term) Present Incumbent: Doug Wright 10) NORTH COUNTY FIRE ADVISORY BOARD (1 year term) Present Incumbent: Gary C. Wheeler A 11. COMMISSIONERS ITEMS - CONTINUED A. COMMITTEE APPOINTMENTS/REAPPOINTMENTS CONTINUED 11) NORTH COUNTY FIRE DISTRICT (1 year term) Present Incumbents: Gary C. Wheeler, Chairman Richard N. Bird, Vice Chairman 12) OVERALL EXTENSION COMMITTEE (2 year terms, Present Incumbents: Vacancy District 3 Cathy Rovella District 4 Hildie Tripson District 5 13) PARKS AND RECREATION COMMITTEE (1 year term) Present Incumbents: Richard N. Bird Michael Wodtke Leroy Hiers George Schum John McDonald Valarie Brant Jean Carter Pat Callahan 14) PLANNING AND ZONING COMMISSION (4 year terms) Present Incumbents: John Brenner (at large) Daniel Richey (at large)' 15) REGIONAL ENERGY MANAGEMENT (1 year term) Present Incumbent: Doug Wright 16) SOUTH COUNTY FIRE ADVISORY BOARD (1 year term) Present Incumbents: Chairman of County Commission Vice Chairman of County Commission Mayor of Vero Beach Vice Mayor of Vero Beach B. T. Cooksey (City appointment) Dan Richey (County appointment) President of Fire Fighters Assn. 17) TOURIST DEVELOPMENT COUNCIL (4 year terms) Present Incumbents: Gary C. Wheeler George Bunnell Vacancy (Motel/Hotel) R. M. Tenbus John Morrison Jjq 2 1990 BOOK � F,, �u. 75 aw 21990 11.--- COMMISSIONERS ITEMS - CONTINUED A. COMMITTEE APPOINTMENTS/REAPPOINTMENTS CONTINUED 18) TRANSPORTATION PLANNING COMMITTEE Present Incumbents: Margaret C. Bowman (1 year term) Vernon Krause (has never attended a meeting) Robert McCarthy W. W. Clark Sandra Bowden Joseph P. Brooks Sr. Walter Jackson Robert Haines IV (missed 5 out of 6 meetings) B. Request for support from County for Vincent McCann's nomination for Vice President to represent the Central East Portion of the State of Florida for the County Service Officer's Association (Letter dated 12/12/89) C. COMMISSIONER GARY C. WHEELER D. COMMISSIONER CAROLYN K. EGGERT 1) Cultural Grants (Memorandum dated 12/26/89) 2) Support of Olin Bagley's Application to Serve on Housing Authority Board (Letter dated 12/19/89) E. COMMISSIONER RICHARD N. BIRD F. COMMISSIONER MARGARET C. BOWMAN' G. COMMISSIONER DON C. SCURLOCK, JR. 12. SPECIAL DISTRICTS SOLID WASTE DISPOSAL DISTRICT Bailey Property (Memorandum dated 12/4/89) ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. January 2, 1990 The Board of County Commissioners of Indian River County Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, January 2, 1990, at 9:00 o'clock A.M. Present were Gary C. Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Cha 1 rman ca I I ed the meet i ng—to Dr. John Simon of First Methodist Church gave the invocation, and Chairman Wheeler led the Pledge of Allegiance to the Flag. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Chairman Wheeler announced that today is the annual organizational meeting of the Board and reviewed the procedures to be followed in electing new Commission officers. Before opening the floor to nominations for Chairman, he wished to thank his fellow Commissioners for allowing him the privilege to serve as their Chairman this past year, and also wished to thank staff for being so helpful and cooperative. Chairman Wheeler opened the floor to nominations for Chairman, and placed the name of Commissioner Eggert in nomination. Commissioner Bird seconded the nomination. ,2 199 BOOK ,JAN 2 1990 BOOK 178 5 ' There being no further nominations, Chairman Wheeler declared the nominations closed. Commissioner Scurlock asked that the Board elect Commissioner Eggert by unanimous consent, and, by unanimous consent, Commissioner Eggert was elected Chairman of the Board of County Commissioners for 1990. Commissioner Wheeler opened the floor to nominations for Vice Chairman. Commissioner Scurlock placed the name of Commissioner Bird in nomination, and Commissioner Bowman seconded the nomination. There being no further nominations, Commissioner Wheeler declared the nominations closed. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously elected RI cha-r-d—N. --B+rd as Vice -Cha i rman of the Board of County Commissioners for 1990. Commissioner Wheeler passed the gavel to Chairman Eggert, who expressed her appreciation of Commissioner Wheeler's leadership in the past year, and Commissioner Bird echoed those appreciations. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Scurlock requested two additions to the Consent Agenda as Items H and 1: H. Revisions to IRC Water & Wastewater Utilities Standards I. Authorization for staff to proceed with the dredging of the 14th St. Canal. Chairman Eggert requested the addition'of authorization for major repairs to the roof of the Vero Beach Main Library. 2 Administrator Chandler requested the postponement until next week of Item 7A -- Lomas Mortgage Co. Public Nuisance: Assessment for Abatement of Nuisance. Commissioner Scurlock requested the addition of the Courthouse Advisory Committee to the Committee Appointments/Reappointments. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously added and postponed the above items. CONSENT AGENDA A. Approval of Minutes The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of 11/21/89. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of 11/21/89, as written. B. Approval of Minutes The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of 11/28/89. There were none. ,JAN 2-j" J990 3 BOOK 7 F , l�U BOOK "JW WO ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of 11/28/89, as written. C. Approval of Out-of-$tate Travel ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved out-of-state travel for Commissioners to attend NACo Legislative Conference in Washington, D.C. on March 17-20, 1990. D. Release of County Utility Liens The Board reviewed the following memo dated 12/26/89: TO: Board of County Commissioners FROM: Charles P. Vitunac - County Attorney DATE: December 26, 1989 SUBJECT: CONSENT AGENDA - BCC MEETING 1-2-90 RELEASE COUNTY UTILITY LIENS I have prepared the following routine lien -related documents and request the Board authorize the Chairman to execute them:. Release of Assessment Lien ROCKRIDGE SEWER PROJECT in the names of WALLACE A. CALVIN and MARIBEL CALVIN Release of Assessment Lien State Road 60 Water Project Lot 31, Unit 3, OLD SUGAR MILL ESTATES in the name of SEXTON ESTATE et al Release of Assessment Lien State Road 60 Sewer Project Lot 56, COUNTRYSIDE SOUTH In the name of REALCOR-VERO BEACH ASSOCIATES Release of Assessment Lien State Road 60 Sewer Project in the name of GEORGE S. LAMBETH, JR. 4 Release of Assessment Lien ROCKRIDGE SEWER PROJECT in the names of WALTER D. BRYAN and LESLIE DAWSON Satisfaction of Impact Fee Extension Lien Lot 1 and North I of Lot 2, Block G, CAVALIER ESTATES in the name of KENNETH E. WILLIAMS and GEORGIE M. WILLIAMS Back-up information for the above documents is on file in the County Attorney's Office. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the release of county utility liens as set out in the above memo. RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. Budget Amendment #016 - Miscellaneous Fund_s_______ The Board reviewed the following memo dated 12/19/89: TO: Members of the Board of County Commissioners DATE: December 19, 1989 SUBJECT: BUDGET AMENDMENT 016 - MISCELLANEOUS FUNDS 9r;T0 A � 1 ONI FROM: Joseph A. Bair OMB Director Description and Conditions The attached budget amendment is to appropriate funds for the following: 1. Jury and Assembly Meeting Room in the Florida Federal Bank Building approved by the Board of County Commissioners on November 7, 1989 for an amount not to exceed $18,480.00. 2. Court Security approved by the Board of County Commissioners at the meeting of November 7, 1989 at a cost of $8,167.00. 5. BOOK ��E 4AN JAN 2 1990 BOOK 3. Cost of Legal Ad for the McKee Jungle Gardens at a cost of $730.24. Recommendation Staff recommends the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Budget Amendment #016, as recommended by OMB Director Baird. 6 � s � TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners NUMBER: 016 FROM: Joseph A. Baird, OMB Directov DATE: December 19, 1989 Entry Number Funds De artment Account Name Account Number Increase Decrease 1. EXPENSES GENERAL FUND/Building & Grounds Building Alterations 001-220-519-041.25 S 5.000.00 S 0 Rent Building 001-220-519-034.42 S 5,940.00 0 Other Contractual Services 001-220-519-033.49 S 1.000.00 S 0 Other tility Services 001-220-519-034.39 S 4.040.001$ 0 Office Furniture & EcruiDment 001-220-519-066.41 S 2,500.00 S 0 Reserve for Contingencies 001-199-581-099.91 S 0 S18,480.00 2. REVENUE COURT FACILITIES Cash Forward 106-000-389-040.00 S 8,167.00 S 0 EXPENSE COURT FACILITIES Communication Eauipment 106-909-516-066.45 S 3.267.00 S 0 Office Furniture & EcruiDment 106-909-516-066.4 4,900.00 S 0 3. EXPENSE GENERAL FUND\BCC Le al Ads 001-101-511-034.91 S 731.00 0 Reserve for Contingencies 001-199-581-099.91 S 731.00 Explanation: 2. Communication Equipment: 066.45 - Radio - 4 @ $816.75 Office Furniture and Equipment: 066.41 - Portable Walk Through Metal Detector 1 @ $4,000 Lockers Remote Panel for Alarm System 7 L AN, 2 199® $4,000.00 $ 600.00 S 300.00 $3,267.00 $4,900.00 $8,167.00 Budget Amendment: 016 Page 1 of 1 F-� BOOK AN, BOOK PAGE.I�LD F. Budget Amendment #022 - Lightning Strike The Board reviewed the following memo dated 12/27/89: TO: Members of the Board of County Commissioners DATE: December 27, 1989 SUBJECT: BUDGET AMENDMENT 022 - LIGHTNING' STRIKE CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS In June of 1989 the Sheriff's department incurred' lightai c damage to the 911 system which the cost of repair was $8,811.00. Indian River County did not receive payment of $8,561.00 (less -$250.00 deductible) from the insurance company until the 1989/90 fiscal year and did not pay the vendor until the county had received the settlement. The attached budget amendment appropriates funding for costs incurred with the light'nj*rq damage. RECOMMENDATION Staff recommends the Board of County Commissioners approve budget amendment 022. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Budget Amendment 022 in the amount of $8,561 for lightning damages, as recommended by OMB Director Baird. TO: Members of the Board of County Commissioners r FROM: Joseph A. Baird, OMB Director'' SUBJECT: BUDGET AMENDMENT NUMBER: 022 DATE: December 27, 1989 Entry Number Funds De artment Account Name Account Number Increase Decrease I. REVENUE General Fund/Building & Grounds Insurance Proceeds 001-000-364-042.00 S 8.561.00 9 0 EXPENSE General-Fund/Building & Grounds Tele hone 001-220-519-034.11 8.561.00 0 8 G. Budget Amendment 023 - Capital Items - Environmental Control Board The Board reviewed the following memo dated 12/27/89: TO: Members of the Board of County Commissioners DATE: December 27, 1989 SUBJECT: BUDGET AMENDMENT 023 - TO REFLECT CHANGE OF CAPITAL ITEMS IN ENVIRONMENTAL CONTROL BOARD'S BUDGET CONSENT AGENDA FROM: Joseph A. Bai OMB Director DESCRIPTION AND CONDITIONS The Environmental Control Board is requesting a change in the capital items requested in the 1989/90 Environmental Control Budget. Mr. Galanis would like to delete from the budget a Market Forge Sterilizer ($4,500), Incubator ($2,000), sterile workbench ($2,000) and add to the budget a Theromohygrometer ($302.50), calibration kit ($58.20), and a mine anemometer ($445.00). The request means that they are deleting $8,500.00 worth of equipment and adding only $805.70 worth of capital for- a net affect---being--a reduction of $7,994.30 in -the Environmental Control Budget. Staff recommends the Board of County Commissioners approve the change of capital items in the Environmental Control Board Budget and the attached budget amendment reflecting the change. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Budget Amendment 023 to reflect change of capital items in the Environmental Control Board's budget, as recommended by OMB Director Baird. TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners NUMBER: 023 FROM: Joseph A. Baird, OMB Director DATE: December 27, 1989 Entry Number Funds De artment Account Name Account Number Increase Decrease 1. ENVIRONMENTAL CONTROL BOARD Other Machinery and Eaui went 118-252-529-066.49 0 S 7,994.00 Reserve in contingencies 1118-252-529-099.911$ 7,994.001S 0 9 L- I J A i1 2 1 M-1 "� rBOOK 1� I'4,,, IU D001� i t s I O U H. Revisions to IRC Water and Wastewater Utility Standards The Board reviewed the following memo dated 12/1/89: DATE: DECEMBER 1, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES SUBJECT: REVISIONS TO INDIAN RIVER COUNTY WATER AND WASTEWATER UTILITY STANDARDS PREPARED AND STAFFED BY: SCOTT C. DOSCHER SC i PRIVATE PROJECTS ENGINEER DEPARTMENT OF UTILITY SERVICES BACKGROUND The Indian River County Department of Utility Services Water and Wastewater Utility Standards have been revised. Periodic revision of standards is necessary to keep pace with industry standards, County growth, and advances in engineering design. ANALYSIS The following significant changes were made to the specifications 1. The removal of a redundant gate valve on Detail W-7. 2. The removal of the bypass from the backflow preventer on Detail W-9. 3. An outside drop has been added to the force main tie-in on Detail S-12. 4. The notes for Detail M-3 have been rewritten. 5. Various details have been revised to reflect a minimum 36" cover for all pipes. 6. Section 4, has been rewritten to allow polyethylene water services. 7. Section 9, trailer mounted diesel generator, has been eliminated. 8. Section 14, assessment procedures, has been eliminated and replaced with submittal, permitting, and acceptance procedures for private development projects. Other changes were to correct typographical errors or wording in the text. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the. adoption of the Utility Standards on the consent agenda. 10 r L ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved -the-adoption of the Utility Standards, as recommended by staff. COPY OF STANDARDS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE I. Dredge Permit for 14th Street Canal ON MOTION by Commissioner Scurlock, SECONDED"by Commissioner Wheeler, the Board unanimously acknowledged receipt of the permit to dredge the 14th Street Canal, and authorized staff to proceed with the process. PUBLIC HEARING - SPECIAL ASSESSMENT PROJECT - SOUTH U.S.#1 FORCE MAIN, PHASE II - INDIAN RIVER BOULEVARD BY WAL-MART TO VERO BEACH WASTEWATER TREATMENT_ PLANT The hour of 9:05 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Bays that he is Bu3irtesa Manager of the Vero Beach PressJoumal, a daily newspaper published at Vero Beach in Indian River County, Florida; thal,the attached copy of advertisement, being in the matter of Jt��/ f 4;y:".// G in the _ Court, was pub• Ilsfted In said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously pcb;ished in said Indian River County. Florida. each daily and has been entered as second class mail mallet at the post office in Vero Beath, In said Indian River Coun• ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaaper. f/G Sworn to and subsuibed before me this .—rY7da/ . t9 ,lam r ee � lausines Manage (Clerk of the Circuit Coun. Indian RWar County, Florida) (SEAL) r Ybaati Nrblk, Stere of Nor," �" Yort ri[rbr A— W. IW3 11 NOTICE The Board of County Commissioners of Indian River County, Florida, hereby provides notice of a Public Baring scheduled for 905 A.M. on Tuesday, January 2, 1990, to discuss a pto- posed resolution misting to a special assess. ment project In Indian River Countyfor the In- stallation of a sewer force main on the East aide of Indian River Boulevard from U.S. #1 to the City of Vero Beach Wastewater Treatment Plant 1 and providing for special assessment Ilens to be i made of record onproperties to be served along i the East and West sides Of Indlan River Boule- vard from U.S. #1 to the City of Vero Beach Wastewater TreatmerN Plant, to U.S. #1. Anyone who may wish to appeal arty declaton which may be made at this meeth g wig need to ensure that a verbatim record of the proceed - Inge is made, which includes test(moty and evi• ; =19,26, ance upon which the appeal Is based December 19, 26,1969 ti39848 � F1 BOOK t F',1,t i JAN 2,h o, BOOK L �� The Board reviewed the following memo dated 12/14/89: DATE: DECEMBER 14, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO � DIRECTOR OF UTILIT VICES PREPARED WILLIAM F. McCAIN '`� AND STAFFED CAPITAL PROJECTS E ( ER BY: DEPARTMENT OF UTILITY ERVICES SUBJECT: SOUTH U.S. #1 FORCE MAIN - PHASE II INDIAN RIVER BOULEVARD WAL-MART TO VERO BEACH WASTEWATER TREATMENT PLANT IRC PROJECT NO. US -89 -01 -CCS BACKGROUND On November 28, 1989, the Indian River County Board of County Commissioners approved Resolutions Number 1 and 2 for the assessment project listed above. We now wish to have Resolution Number 3 approved to set the preliminary assessment in place. ANALYSIS Letters notifying the property owners of their assessment, as well as the date and time of the preliminary assessment hearing and informational meeting, were mailed out on December 12, 1989. In keeping with the project schedule, we are now bringing Resolution Number 3 to the Board of County Commissioners for approval (see the attached resolution and assessment roll). RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolution. Utilities Director Terry Pinto explained that this force main will be built from the area of Wal-Ma.rt north to the City of Vero Beach wastewater treatment plant. It will take care of all the property that is east of Indian River Boulevard that runs to the river and some of the properties that are undeveloped.on the west side of the Boulevard. It is a crucial line that takes in the balance of the undeveloped area along the Boulevard and makes the connection of a line that was just built to the south of there that runs from Wal-Mart down to the County utility line 12 - M where General Development Utilities takes over. The assessment was done on a square footage basis, meaning that we just took the gross square footage of all the properties that we feel will benefit and distributed the cost in that fashion. However, there is a question by some of the property owners along the river about the undevelopable land along the wetlands, but we have no way of establishing whether those properties are actually undevelopable. There is also a question of trading densities from the undevelopable portions of those properties to the upland portions. If, in fact, we were to establish specifically that certain portions of that property along there could not be developed, we would simply take that cost and redistribute it to the uplands property. That would mean that the property owners would have to sign away their rights to develop. He didn't know if individual property owners would see any major difference in their assessments, however, because all that means is that the square foot assessment would increase--fo--_th-e-property which is developable. Commissioner Scurlock felt it is critical fo:r everyone to realize that this force main is designed to take flow both ways, and Director Pinto further explained that it is designed to take the present flow north to the City's wastewater treatment plant until such time as we establish a south county wastewater treatment plant and reverse the flow. At that time, if the City wished, they could push wastewater through that line to the County's facility as the line is sized to carry that. Twenty percent of the cost of the project is not being assessed and is being picked up by the Utility because We don't feel it is a benefit to the property owners. Commissioner Scurlock asked if the Indian River Boulevard budget included the $90,000, or some amount, for utilities' payment, and Director Pinto believed it did. Commissioner Scurlock felt that some believe that it was included in the right-of-way acquisition budget, but it is not. 13 K7 JAN' �� °990 �oo� � F.� E 76 Fr - J BOOK I What it could be included in is part of the impact fees, because it was the cost of acquiring it, unrelated to utilities. He emphasized that Utilities is an enterprise fund; they build their own roads - the County does not build them with ad valorem taxes. Chairman Eggert understood then that there is no money earmarked for any specific place at this moment, and Public Works Director Jim Davis confirmed that there isn't. He believed we need to take a philosophical look at what part utilities play in a right-of-way corridor, because they do consume some of the corridor. He noted that FP&L and other franchised utilities in the county pay a franchise fee which goes into the transportation fund. Commissioner.Scurlock emphasized that Utilities pays the County a 6% franchise fee to the tune of almost $3 -million a year, and those monies go into whatever fund the Board of County Commissioners chooses. Presently, those monies are going into the General Fund,------------- Director und-.------------- Director Davis suggested that perhaps some of that could be allocated to the Boulevard account. Commissioner Bird understood that this line will be used for purposes other than just supplying these particular properties, and Director Pinto explained that we are assessing only 80% of this project, because we figure 20% will be carrying additional flow. He noted that parcels 9 and 15 have assessments totaling approximately $7,000 and that cost will be picked up by the Utility Dept. because the previous owner had put in a lift station plus the chase lines under the road. Commissioner Bird wanted to be assured that we have done the best we could to come up with an easy formula to spread this cost in an equitable way, and Director Pinto explained that the square footage assessment is the method that has been tested the most and found by the courts to be the fairest and the most equitable, mainly because the square footage ends up relating to the use. 14 M When you get into the question of whether the wetlands property is developable or not, the only way we can make that judgement is for someone to absolutely sign away the rights to develop that property, and, based on that, we can establish that there is not a benefit to that property. If they sign off on it, they cannot come back later on and develop. Commissioner Bird asked if there was any kind of deferred payment.plan.for the parcels of property that may be developed at a future date, perhaps at site plan time. Director Pinto emphasized that we have to be very careful when we defer cost that it doesn't become the expense of the existing utility customers. A deferment means that the County Utility puts the money up, and the loss of whatever that money is worth is a cost to the existing customers on the system. If we decided to do that, it would have to be an escalating cost based on when the developments happen. When the developments actually come about, they would be paying more based on the value of the money at the time of the assessment. It becomes so complicated, even to the property owner, that it really isn't worth it. Commissioner Bird felt that it might be worth it if Utilities agreed up front that it is going to be a certain percentage of escalation per year. Commissioner Scurlock advised that, in essence, there is a time payment plan available for this assessment, and it amounts to almost 7 years because the assessment is not charged until after the project is completed. Commissioner Bowman asked why it is so essential for this line to be put in now, and Commissioner Scurlock explained that it is.because we have a number of systems that are down at the other end and we are trying to sewer that main corridor. Director Pinto further explained that this is the last link in establishing a line that will run from the City treatment plant to the south county utilities' line, and all of that has to JAN z THUD 15 '�7 i L F..J 9.Pp,,�J BOOK l F'�.G 1 l 1 ,JAM 2 1990 g©di( be tied together. The problem that you always run into with utilities is the chicken and the egg syndrome. We feel this will be very beneficial to the developers to do it the way we are talking about, because if we wait for a developer of a decent sized parcel to come in, it would be his responsibility to build that line and front all the money for the line, and maybe get some reimbursement as other people connect. If it was done that way, it would become a true burden to the developer. Another thing is that you don't want the development to occur before you have established their utility needs. Commissioner Scurlock stressed the importance of concurrency with respect to infrastructure, as he just heard the other day that Martin County has adopted a moratorium on development in the area east of Jensen Beach. The infrastructure is not there, and they are not going to do anything until it is there. Commissioner Bird felt it probably is in the best interests of the abutting property owners to have the project done all at one time. Commissioner Scurlock wished to talk about the monies generated by the franchise fees, because right now we are taking $3 -million out of Utilities that is generated from the franchise fees and giving it to the County coffers. If, for example, Utilities was allowed to keep 1% or 20 of that in an internal fund within Utilities to use as seed money for projects, some of the burden could be shifted. We did that with roads, and that way we could try to mitigate some of the impact in these special assessments. We wouldn't have to borrow the money, it would be sort of an internal pool of funds to offer more flexible payment schedules to future customers. He noted that the Finance Advisory Committee will be looking at that and bringing back some recommendations in the near future. Director Pinto noted that another alternative would be to go out and borrow to build this project, and spread it out as long 16 as you want. However, there would be the additional cost for just doing the financing. Commissioner Bowman felt she.would be happier about this if we could better define the line for the wetlands, and Director Keating explained that we use the U.S. Fish and Wildlife definition, which is primarily the vegetative characteristics and soil characteristics. Commissioner Bowman felt it would be better to do an environmental assessment before doing the project, but Director Keating explained that we have a general idea of where it is, and the specific line is determined when a project comes in. Commissioner Bird pointed out that basically we know that the two largest pieces here are comprised of approximately two-thirds uplands and one-third wetlands. However, some other pieces in there are mostly uplands, and that is why he feels the formula is a little out of whack. He didn't know what could be done about it though. Director Pinto believed the only way we could address that is to have the owner sign away the rights to ever,developing that property prior to finalizing the assessment. If the owner did that, Utilities would wipe it right out and put that amount of money back into the overall assessment. Commissioner Scurlock pointed out that as part of this assessment process, this public hearing provides the owners of those particular properties the opportunity to demonstrate to the County that there is a uniqueness so that they can get a reduction in their particular assessment. Attorney Vitunac confirmed that is the next step. Their responsibility is to show that the assessment is more than the benefit that their land would be getting. That is their sole burden. Commissioner Scurlock likened it to a board of equalization, but Director Pinto pointed out that it would raise the per square N 2 1^90 � � BOOK rl�� _I ,JAN E 19k, BOOK l ® i footage assessment. Utilities would have no problem in doing that, but it has to be very well established that the property would never be developed. Chairman Eggert opened the Public Hearing, and asked if anyone wished to be heard in this matter. Ed Schlitt, local realtor, commended the County Commission and the Utilities Dept. for trying to stay ahead of the utility needs in the county. He felt we are in much better shape than a lot of other counties around the state as it relates to the concurrency issue of growth management. However, he felt that as we move forward in these things, we do need to look very carefully at the fairness of the assessments involved. He concurred that it would be very beneficial if the County could get a reserve fund started, because it would relieve the burden on a few property owners in making utilities available for whoever comes later. If a formula could be worked out where those funds cau-l-d--b-e--- advan-ced and then assessed to the property owner at the time the property is developed, he believed that would be the fairest approach. Of the 43 acres he owns on Indian River Boulevard, their surveyor has determined that 26 or 27 acres would not be developable, but the assessment for this property is almost $49,000. They do have one unit per acre density transfer, but with the type of development that would go into that area and the type of development that is considered most compatible to the community, he didn't know whether that transfer of density would make any difference. He personally would like to see cluster -type housing, leaving as much vegetation as possible. Mr. Schlitt felt it is entirely possible that they might be willing to agree that there will never be any development on that property and transfer the ownership of that property to the County, or who ever,. -since all it does is stay on the tax rolls. If you can't develop it, you can't develop it. They have been working with a group that was 18 interested in developing this property, and the Utilities Dept. was trying to see whether or not utilities could be accommodated. At one point it seemed that there was a good possibility that they might have been successful in moving forward with this group, who would have done some substantial front ending, but with mortgage money becoming tighter, the mortgage companies are not interested in front -ending utility expansion programs. Thus, the burden falls on the developer to do that, and rightfully so. However, when so much of the burden falls in the beginning, rather than being spread out over the project, it almost puts a developer out of business before he even gets started. Mr. Schlitt urged the Commission to have staff develop a formula where credits would come back to the property owners perhaps in the form of some easement in relation to the tap fees. He realized it was a complicated formula, but felt there has to be a way of being able to enter the fairness issue into the formula. Director Pinto felt fairly comfortable that the developable portions of the properties along there will consume 800 of the capacity of the line. He noted that Mr. Schlitt and the other property owners along there have the option of identifying in some way what acreage is not going to be developed, and then that square footage would be removed from their assessments. At that point, we would recalculate the assessment. Mr. Schlitt questioned the estimated number of properties that would benefit from the loop, and believed that the 80-200 formula might be a little off. He felt that the Commission might want to look at it further to see if Utilities could not pick up more than 200 of the project in order to keep it from being such a burden on these property owners. Either that, or consider giving some kind of a credit. He was also concerned about reserving the ERUs, but Director Pinto pointed out that was a separate issue from this assessment. Earl Cason, 3304 Aviation Boulevard, representing the Fultz family, owners of parcels 1, 6, 7, 8, and 10, advised that they 19 B®UK. 7 WAGE 'JAN � 1940 _I JU 19-30 BOOK ; t.1 ,1' 1 1 0 are not against the sewer coming through, but would like to have the fees deferred. He recalled that during negotiations for right-of-way acquisition for Indian River Boulevard, a little over an acre of the Fultz property was sold for right-of-way, and he was told that the property the Fultz's own along there could not be developed because there was no access to 6th Avenue because the capacity on 6th Avenue was saturated at that time and that they could not have access to Indian River Boulevard because it was supposed to be a by-pass. Mr. Cason stressed that when someone has some property sitting there that cannot be developed, it is not very good business to spend any more money on it, and the Fultz's would like to pay the assessment fees when the property is developed. Another concern is with the 80-200 formula. He believed he heard earlier in this discussion that the plant to the south was at capacity or was obsolete and they need to have this line, but just now it was said that 200 of this capacity is for future people to hook up to it. He didn't understand it being 20% for both. Commissioner Scurlock explained that they designed the line to carry a'certain capacity, and whether that goes, as it does presently, into the City's plant or whether it goes into a new south county plant, makes no difference. At this point in our negotiations with the City, it appears it will not be going into the City's plant and that all of our capacity will be removed out of the City's plant and sent to a new plant which will be built at some future date in the south-southwest portion of the county. Mr. Cason felt that explanation answered his questions, and Director Pinto explained that the 80-20% formula came when the original design called for a much larger line at the northern end of the project where it goes into the City plant, but we reduced that substantially because there isn't any way we can get the total capacity from the south up to that point. So, you have to look at this project as that end being the northern end or the 20 lesser used portion of the line. The 80% charge is for the area using the maximum of that line. Commissioner Scurlock asked if any thought had been given to a special assessment like the SR -60 project, and Director Pinto explained that this project is too small for that type of assessment. Attorney Vitunac advised the Board that we need to answer Mr. Cason's complaint that he has property being assessed that cannot be developed, but Chairman Eggert believed Mr. Cason was referring to road access. Mr. Cason, speaking from his seat in the audience, explained that Director Davis told them back then that Indian River Boulevard is a by-pass, and not for business access. Director Davis didn't feel he had said that it was unbuildable; it was just that 6th Avenue was stressed to capacity at that time. However, Indian River Boulevard has relieved that stress, and now there is plenty of capac-i-ty_-_an--_&th__Avenue for those properties. He pointed out that the County -did compensate the Fultz family in the amount of $40,000 for the,right-of-way for the Boulevard. Director Pinto stated that the assessments of those parcels reflect their size and potential use. Richard Flinn, 3925 Mockingbird Lane, advised that he and his brother own a 40 -acre tract on the south portion of Indian River Boulevard, and recalled that at the time the County was getting ready to build t"he Boulevard, the property owners down there donated land for right-of-way that was valued higher than what the sewer assessment is now. Those donations helped the County a great deal because the County was short of money back then. At that time they donated the land, he and his brother understood there was a sewer line available at the corner of 8th Street and Indian River Boulevard and that they were going to put chases under the road so that it wouldn't have to be dug up to 21 BOOK i f't�GE " JM 199U _I ,�A�9 �b��U BOOK BOOK may, I I iJ C o,� : 11 n 9 tie into the sewer. Now it comes as a shock to find that new sewer lines are needed and that their part of the assessment will be over $44,000. He wondered if there was going to be any compensation for that, because he felt the whole south county will benefit from this, not just them. Director Davis advised that they didn't receive credits against impact fees for their right-of-way donations. Some of the properties were landlocked and had no road access whatsoever, but the Boulevard enhanced the ability for that property to be accessed. There was questionable access to some of those properties which is now improved. Director Pinto felt there was some misunderstanding here, and stressed that the main burden of the line will be to serve the properties east of the highway, although there are some small properties to the west that will be served also. Commissioner Scurlock understood that this force main will be going through--p-r-0p-erty t -hat could not be serviced by the City of Vero Beach because of the lack of capacity. He felt that is where this all changed, because at one time the City of Vero Beach was considering expanding their capacity, but now all of that has all fallen by the wayside. Director Pinto pointed out that if it wasn't for this line, there would not be sewer available for that area, whether it went north or south, and development of that property is impossible without wastewater service. He noted that when you drive along there, you will see that most of the for -sale signs are advertising that property as having water and sewer available. Quite frankly, they could take those signs down, because wastewater is not available without this line. All we are trying to do is accommodate the need. Chairman Eggert asked if they had considered a 75=25% formula, and Director Pinto advised that they had, but the in-house analysis came out to 80-20%. 22 Mr. Flinn still maintained that the 80-20% division was not equitable and that their assessment of $45,000 is too heavy a burden. - Director Pinto advised that the City doesn't have the capacity and have gone on record that they are not going to provide the capacity. Everything that we put through there now is on loan, and we do have to build a south county wastewater treatment plant. In fact, when we asked the City specifically if they wanted us to increase the size of the line to take some of their flow to the future plant, they said no. Mr. Flinn pointed out that a potential sale of their property went bad when the interested parties were told that they had to pay all the impact fees up front for connecting to the 8th Street sewer. Director Pinto felt the worst thing that could happen to any of that property along there is not to have wastewater service, since it cannot be developed without sewers. Mr. Flinn again pointed out that when they donated right-of-way for the construction of Indian River Boulevard, they were told that sewer lines were available at 8th Street, but now they have to pay for those lines again. Commissioner Scurlock wanted to see some documentation that sewer capacity had been guaranteed at that time, but Mr. Flinn stressed that you don't get any guarantees because those things change every few weeks or so. Director. Pinto wished to point out that they were never assessed for lines on 8th Street. Robert Flinn, 411 Live Oak Road, pointed out that if the County had paid him and his brother for the 660 feet of frontage on Indian River Boulevard, rather than their donating it, they would have the money to pay this assessment. Director Pinto wanted to make it clear that the deeding of road right-of-way does not, and cannot, have any effect on utility assessments. 23BOOK i F'•'Gr 7 JAN 1990 ,JAN ���� F00(S F PAGE Commissioner Scurlock felt that in the future we should have better coordination between what is being donated, who is doing the donating, and why it is being donated, because it is very difficult as a Commissioner to get who said what and when. Commissioner Bowman preferred to think that someone said that water and sewer would be available rather than think that someone said that water and sewer would be given to them. There being no others who wished to be heard, Chairman Eggert closed the Public Hearing. Commissioner Bird felt we could work together in this new decade to scrutinize our philosophy in having growth pay for itself to make sure that we are not killing the golden goose by getting it too heavy. The other thing he felt we need to do is try to get ourselves in a position with our Utilities Dept., the transportation impact fees, the transportion fund, etc. where hopefully in the future we put up a certain portion of these projects up front and then recoup those monies, perhaps even with interest, as the projects come on line and as they develop. Commissioner Scurlock felt the Finance Advisory Committee could analyze that alternative and others and bring some recommendations back to the Board. Commissioner Bowman was very happy to see that we are going to protect the wetlands, because those wetlands are very, very important as a filtration system to help keep the lagoon clean. 24 M MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commi.ssioner Wheeler, that the Board adopt Resolution 90-1, confirming the special assessments in connection with the installation of a sewer force main on the east side of Indian River Boulevard from U.S. #1 to the City of Vero Beach wastewater treatment plant and providing for special assessment liens to be made of record on properties to be served along the east and west sides of Indian River Boulevard from U.S. #1 to the City of Vero Beach wastewater treatment plant. Under discussion, Attorney Vitunac asked Mr. Schlitt if he was deeding the development rights to the County for the wetlands portion of his property along the river, and Mr. Schlitt stated that at this point, he was not, but once this is passed, he would have to look at the situation. Attorney Vi tunac emphasized that -once---t.b-i=s-Reso lut.i on is passed, we will not be able to take the extra cost from Mr. Schlitt's land and spread it out to the other owners. The County would have to eat that cost. We really need to know now so that the County can decide whether to raise everyone else's assessment a little bit or readvertise and hold this public hearing again. Commissioner Wheeler felt, in that case, he would hate to close the door on this right now since there may be other developers who wish to do the same thing. Director Pinto advised that Utilities would be very willing to go back to the property owners and see if they want to deed over their wetlands property, but he wanted to make sure that everyone understands that the recalculation will raise the per square foot charge on the uplands portions of those parcels. Mr. Schlitt, speaking from his seat in the audience, explained that one-third of his assessment is approximately $16,000, which would cover the wetlands area. However, he didn't 25 JAN 64 1990 BOOK F0.4 JAN 2 199 BOOK �� PAGE I P � feel that $16,000 should be divided up into the assessments for the other property owners since the County would benefit the most by owning those wetlands. Commissioner Scurlock emphasized that as an enterprise fund, it is not the Utility's function to acquire wetlands. So, if we are talking about compensating or getting credits, that is a whole different ballgame, and it would have to come from the General Fund revenue or whatever. Administrator Chandler felt it depends on how much we are talking about in terms of land and what that translates to in dollars, because this is the type of thing that if the wetlands were dedicated`to the County, we still have the cost of utilities and that utility project. If it is not redistributed among the other property owners being assessed, then it means that the taxpayers who are the general fund would need to fund that differential and expense. It depends on how much we are talking about in tots -I --acme- ge—a-nd--bottom -line assessment. Commissioner Bird wondered if there was any other way we could preclude the development of those wetlands without having them actually deeded to the County, such as some kind of recorded document, and Attorney Vitunac advised that all we need is something to make sure that Utilities will never have to serve that property or any benefits from that property. He suggested that we go ahead and adopt this Resolution today, since we are not required to go ahead with this project just yet, and then if the developers want to come in during the next few weeks to make a change that would require the project to be changed, Director Pinto then would come back and more or less start over with a smaller project or with whatever his recommendation is. There is a chance that no developers will come in to deed over their wetlands or restrict them, and the project could go ahead as we just discussed. Commissioner Bird understood then that we would be leaving a window open for 30 days or so to allow the property owners 26 involved here to demonstrate their inability to use a certain portion of their property. Attorney-Vitunac confirmed tha.t he was suggesting that the Board go ahead and pass the project now, but give a window of 30 days or something less in case some of the property owners want to come in and transfer their development rights or title to the wetlands. In the case that nobody wants to do that, then we are done, and the. project can go ahead as it was just explained to US. If some people do want to transfer their rights on the wetlands, then Director Pinto has to make a decision either to have the County subsidize the project or redistribute the costs and bring it back at another public hearing. Right now, we do not know whether we would have to come back or not because we don't know what the developers are going to do. Commissioner Bird asked if the Motion included the 30 -day window, but Commissioner Scurlock felt that it shouldn't because it would raise more complications rather than less. He felt the assessment was done on a fair basis, and was willing to move on. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. AN AN 27 KOK JAN "' `930 BOOK 78 P.�,F. Asi RESOLUTION NO. 90-1 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH THE INSTALLATION OF A SEWER FORCE MAIN ON THE EAST SIDE OF INDIAN RIVER BOULEVARD FROM U.S. #1 TO THE CITY OF VERO BEACH WASTEWATER TREATMENT PLANT AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD ON PROPERTIES TO BE SERVED ALONG THE EAST AND WEST SIDES OF INDIAN RIVER BOULEVARD FROM U.S. #1 TO THE CITY OF VERO BEACH WASTEWATER TREATMENT PLANT. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 89-147, adopted November 28, 1989, determined to make special assessments against certain properties to be serviced by a SEWAGE TRANSMISSION SYSTEM project of the County located along the east side of Indian River Boulevard from U.S. #1 to the City of Vero Beach Wastewater Treatment Plant; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; WHEREAS, the resolution was published as required by §11-52, Indian Rivgr County Code; WHEREAS, an assessment roll in connection with said special assessments has been prepared; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 89- 148 on November 28, 1989, which set a time and place for a public hearing at which the owners of the properties to be assessed and other Interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by §11-53, Indian River County Code; WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on December 19, 1989, and December 26, 1989 (twice one week apart and the last being at least one week prior to the hearing) as required by §11-52, Indian River County Code; 28 RESOLUTION NO. 9l) - WHEREAS, the land owners of record were mailed notices on December 12 1989 (at least ten days prior to the hearing) as required by §11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on January 2, 1990, at 9:05 A.M. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. That the Clerk is hereby directed to record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by--�Commissloner Scurlock and the motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye. Commissioner Gary C. Wheeler Aye' The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of January, 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By _yo Attest rYS Chairan a Ve . Barton, C er — Attachment: ASSESSMENT ROLL 29 JAN A MO Ind:aa �� c An oaroved Dale Admni PIs} Mgr• BOOK r is Pa c 7815, , JAN � 1 Bou � F,�GE 786 PUBLIC HEARING - ORDINANCE MAKING ADDITIONS, DELETIONS AND AMENDMENTS TO THE BUILDING CODE IN ADOPTING 1989 REVISIONS TO THE STANDARD_ TECHNICAL CODES FOR BUILDING, PLUMBING,_ MECHANICAL, GAS AND HOUSING The hour of 9:05 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River Codnty, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA • Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that,the attached copy of advertisement, being a �CU in the matter of i PUBLIC NOTICE The Board of County Commissioners,of Indian River County, Florida, will conduct a Public Hearing on Tuesday, January 2, 1990 at 9:05 a.m. in the Commission Chambers at 1840 25th Street, Vero Beach, FL 32960, to consider the adoption of an ordinance entitled: - AN ORDINANCE OF INDIAN RIVER j COUNTY, FLORIDA MAKING ADDI. i TIONS, DELETIONS AND AMEND- - MENTS TO ARTICLE 11 (BUILDINGL CODE); ARTICLE IV (ELB CODE; ARTICLE V (GAS CODE); ARTi- CLE VI (PLUMBING CODE); ARTICLE VII (MECHANICAL CODE): AND ARTICLE . (Clerk of the Circuit Court, Indian R er County, Florida) (SEAL) r� j,ir,: 30 V 1 (HOUSING CODE); CODE OF LAWS . AND ORDINANCES OF INDIAN RIVER in the Court, was pub- COUNTY; PROVIDING FOR CONFLICT- I ING PROVISIONS; PROVIDING FOR I SEERABILITY; PROVIDING FOR IN- V I!I jrf/J / lished in said newspaper in the issues of l `/�/'t�fJ CORPORATION IN CODE; - AND PROVIDING FOR EFFECTIVE DATE. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which Includes testimony and evidence Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the upon which the appeal Is based. INDIAN RIVER COUNTY said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been BOARD OF COUNTY COMMISSIONERS GARY C. WHEELER, CHAIRMAN entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first 14,1988 638606 publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1 Sworn to and subscribed before me this day o C - IM4., 19 i (Clerk of the Circuit Court, Indian R er County, Florida) (SEAL) r� j,ir,: 30 The Board reviewed the following memo dated 12/14/89: TO: James E. Chandler County Administrator - DEPARTMENT HEAD CONCURRENCE: Rt-6'ert M. Keating, A C Director, Communit veld meat Y P DATE: December 14, 1989 SUBJECT: Public Hearing January 2, 1990 at 9:05 A.M. Amendment of Indian River County Ordinances reference SBCCI Technical Codes FROM: Ester L. Rymer, Director Building Division DESCRIPTION & CONDITIONS The Indian River County Code of Laws and Ordinances provides for the use of specific editions, with applicable revisions, of the Southern Building Code Congress International (SBCCI) technical codes. These codes are designed for adoption by state and local governments. The purpose of the Standard Code is to protect the public's life, health, and welfare in the built environment. The use of performance-based requirements encourages the use of innovative building designs, materials, and construction systems while at the same time recognizing the merits of the more traditional' materials and systems. This concept promotes maximum flexibility in building design and construction as well as assuring a high degree of life safety. The Code incorporates, "�y reference, nationally recognized consensus standards for use in judging the performance of materials and sys- tems. This provides for equal treatment of both innovative and tra- ditional materials and systems, provides for efficient introduction of new materials into the construction process, and assures a high level of consumer protection. The Standard Codes are updated annually with revisions, and a new edit -ion is published every three years. ALTERNATIVES & ANALYSIS Currently the Indian River County Ordinance requires the use of the 1988 Edition of the technical codes. At the meeting of the Indian River County Building Code Board of Adjustments and Appeals held Mon- day, November 6, 1989, The Board voted unanimously to recommend to the Board of County Commissioners the adoption of the 1989 revisions to the technical codes as follows: STANDARD BUILDING CODE (SBC) 1988 Edition, Including Appendix "A", with 1989 Revisions. Ref: Article II, Section 4-31 31 L_ JAN 2' 1990 BOOK 6 F't1a �� 7 ��JAN 1990 BOOK 78 F,4Ii ��6�d STANDARD PLUMBING CODE (SPC) 1988 Edition with 1989 Revisions. Ref: Article VI, Section 4-91 STANDARD MECHANICAL CODE (SMC) 1988 Edition with 1989 Revisions. Ref: Article VII, Section 4-101 STANDARD GAS CODE (SGC) 1988 Edition with 1989 Revisions. Ref: Article V, Section 4-81 STANDARD HOUSING CODE (SHC) 1988 Edition with 1989 Revisions, Ref: Article VIII, Section 4-106 NATION ELECTRICAL CODE (NEC) 1990 Edition. CONCLUSION & RECOMMENDATION Staff concurs with the Indian River County Building Code Board of Ad- justments and Appeals, and recommends the Board of County Commission- ers adopt the Amendment to the Ordinance. Assistant County Attorney Will Collins explained that the changes in the ordinance are probably less than the length of the title of the ordinance. Basically, it is adopting the 1989 and 1990 versions of the various building codes. The only thing different in this ordinance is the effective date, because we are trying to have our ordinance effective the same date as the City's, which will be January 17th. Chairman Eggert opened the Public Hearing, and asked if anyone wished to be heard in this matter. There were none. 32 7 MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wheeler, that the Board adopt Ordinance 90-1, making additions, deletions and amendments to Article .11 (Building Code); Article IV (Electrical Code); Article V (Gas Code); Article VI (Plumbing Code); Article VII (Mechanical Code); and Article VIII (Housing Code). Under discussion, Commissioner Bowman asked if we require firewalls in multi -family housing and office buildings, and Building Director Ester Rymer explained that depends on the construction and the size of the building. Commissioner Bowman felt it would be a good thing to work toward because many renters do not carry fire insurance, unfortunately. JAN 2 1990 33 BOOK �I [.A,- JAN 2 199t BOOK r�!s F��E 19 C? ORDINANCE NO. 90- 1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA MAKING ADDITIONS, DELETIONS AND AMENDMENTS TO ARTICLE II (BUILDING CODE); ARTICLE IV (ELECTRICAL CODE); ARTICLE V (GAS CODE); ARTICLE VI (PLUMBING CODE); ARTICLE VII (MECHANICAL CODE); AND ARTICLE VIII (HOUSING CODE), CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN CODE; AND PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida; SECTION 1. Section 4-31, Code of Laws and Ordinances is amended to read: Section 4-31. Standard Building Code adopted. The Standard Building Code, 1988 edition, with 1989 revisions „ including Appendix A, as published by the Southern Building Code Congress International, Inc., is hereby adopted by reference as the Indian River County, Florida, Building Code, subject to the limitations, exceptions and modifications set forth herein. SECTION 2. Section 4-44, Code of Laws and Ordinances is amended to read: Section 4-44. National Electrical Code adopted. The National Electrical Code published by the National Fire Protection Agency, 1987 1990 edition, as adopted from time to time by the State of Florida, is hereby adopted by reference as the electrical code for Indian River County, Florida, subject to the limitations, exceptions and modifications set forth herein. CODING: Words in if tiiilk/W6000 type are deletions from existing law; words underlined are additions. 34 - ORDINANCE NO. SECTION 3. Section 4-81, Code of Laws and Ordinances is amended to read: Secti.on 4-81. Standard Gas Code adopted. The Standard Gas Code, 1988 edition with 1989 revisions, as printed by the Southern Building Code Congress International, Inc., is hereby adopted by reference as the gas code of Indian River County, Florida, with such modification as hereinafter set forth. C. PrT I nN u Section 4-91, Code of Laws and Ordinances is amended to read: Section 4-91. Standard Plumbing Code adopted. The Standard Plumbing Code, 1988 edition with 1989 revisions, as printed by the Southern Building Code Congress International, Inc., is hereby adopted by reference as the plumbing code of Indian River County, Florida, with such modifications as hereinafter set forth. SECTION 5. Section 4-101, Code of Laws and Ordinances is amended to read: Section 4-101. Standard Mechanical Code adopted. The Standard Mechanical Code, 1988 edition with 1989 revisions, as printed by the Southern Building Code Congress International, Inc., is hereby adopted by reference as the mechanical code of Indian River County, Florida, with such modifications as hereinafter set forth. SECTION 6. Section 4-106, Code of Laws and Ordinances is amended to read: Section 4-106. Standard_Housing_Code adopted. The Standard Housing Code, 1988 edition with 1989 revisions, as published by the Southern Building Code CODING: Words in WOU/W60 1A type are deletions from existing law; words underlined are additions. 35 BOOK l%8 JAN. � 1990 ;JAN' � 1990 BOOK P,1GI ORDINANCE NO. 90- 1 Congress International, Inc., is hereby adopted by reference as the housing code of Indian River County, Florida, with such modifications as may be set forth by the Board of County Commissioners by ordinance. SECTION 7. Conflicting Provisions. Special acts of the Florida legislature applicable only to unincorporated areas of Indian River County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. SFC'T I CSN R Severability. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 9. Incorporation in Code. This ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropr-i a t e word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION 10. Effective Date. This ordinance shall become effective January 17, 1990. CODING: ;lords in WViWW60 0 type are deletions from existing law; words underlined are additions. 36 M _I ORDINANCE NO. 90- 1 This ordinance was advertised in the Vero Beach Press -Journal on the 14th day of _Decembers_, 1989, for a public hearing to be held on the 2nd_ day of January , 19 9Q at which time it was moved for adoption by Commissioner Scurlock , seconded by Commissioner Wheeler and adopted by the following vote: Chairman Carolyn K. Eggert Aye _ Vice Chairman Richard N. Bird Ave Commissioner Margaret C. Bowman Aye — Commissioner Don C. Scurlock, Jr. ire Commissioner Gary C. Wheeler 9- BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Ch a i rma`%' Attest By:mac..;...: rl e'r k Acknowledgment by the Department of State of the State of Florida, this8th day of January , 1990. Acknowledgment from the Department of State received on this �_ day of , 1990, at 11:00 a.m./p.m. and filed in the fiCCof tHe'Clerk of the79oard o County Commissioners of Indian River County, Florida. CODING: Words in type are deletions from existing law; words underlined are additions. Legal �•�- L. ,2- c,-_�>�r Budget Dept. Fisk Mgr. ,JAS 21 37 a uDOK F, N 2 1990 BOOK TRAFFIC IMPACT FEES - FELLSMERE The Board reviewed the following memo dated 12/27/89: TO: Board of County Commissioners DATE: December 27, 1989 FILE: SUBJECT: JCh�� ndler G�1� FROM /JI:E. a County Administrator REFERENCES: As you are aware, Fellsmere stopped collecting traffic impact fees in 1987. Several months ago, we initiated discussions with Fellsmere's mayor requesting that the city resume collection of the fee. The Public Works Director and I attended a workshop in October to present the request and answer questions concerning the program. Subsequently, the matter was deferred at the November meeting. At the December meeting they voted to not re -institute the program. The Traffic Impact Fee Program provides a vital revenue- source to meet the required countywide expansion of arterial and collector roads resulting from growth. In my opinion, the current program is a realistic and equitable means of addressing these needs. If it is to continue as a viable program, I believe all jurisdictions must participate. As a _result, I feel it is in the County's best interest to pursue all avenues, including legal action if necessary, to restore the program. Administrator Chandler felt that they have gone as far as possible with this on a staff level, and it would be his recommendation to pursue legal action if necessary to restore the program. Commissioner Scurlock felt it would set a precedent not to pursue having all the municipalities participate. He believed, however, that there is a problem in what the various municipalities understand about what the impact fees can be used for. He emphasized that impact fees cannot be used to make up for the past; they have to be used very specifically for new growth. 38 M Administrator Chandler advised that he and Public Works Director Jim Davis attempted to explain the methodology of road impact fees to the Fellsmere officials in a workshop held in October, but the Fellsmere City Council voted in December not to re -institute the program. Director Davis explained that Fellsmere is in District #7, which basically covers the area from CR -510 west to where it turns north to CR -512. It is a large district as it reaches to the north county line, and the southern boundary is 53rd Street. Commissioner Wheeler felt it appears that we are reaching an adversarial position on this matter, and suggested that before we go any further, we have a joint meeting or workshop with the City of Fellsmere to try and convince them that it would be in their best interests to participate in this program. Commissioner Scurlock disagreed because staff already has spent a substantial amount of time and effort in communicating with the Fellsmere officials on this matter. Commissioner Wheeler was simply saying that sometimes you can accomplish more by going in as a Commission and meeting with the City Council. Frank Hurst, Mayor of Fellsmere, agreed that part of the problem is due to the lack of communication. He emphasized that Fellsmere isn't mentioned in the County's long-range plan until the year 2015, and that is the bone of the problem. The other problem is that the City of Fellsmere was told that CR -507, where it comes in from the north, would be brought straight across to the City of Fellsmere and hooked into CR -512. First they were told it would be on a 3 -year program; then it was back to a 5 -year program; and now it isn't even listed in the program. Commissioner Bowman believed that a large part of the communication problem is because Fellsmere has had at least 3 or 4 different representatives on the Transportation Planning Committee in the last 3 years or so. She didn't feel anybody has been on the job long enough to find out what it is all about. 39 BOOK r �3 �Vo/4J 'JAN BOOK 18 PAGE 706 Chairman Eggert asked Mayor Hurst what he felt would be the most helpful thing right now in terms of people understanding the -purpose of the impact fees, and Mayor Hurst felt that a joint meeting with the Commission would be the most helpful. After lengthy discussion on this matter, the Commissioners agreed to hold a joint workshop meeting with the Fellsmere City Council to explain the traffic impact fees once again. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the scheduling of an evening joint workshop meeting to be held in the City of Fellsmere, and directed staff to give public notice so that the Board may take action. Administrator Chandler advised that he would be in touch with Mayor Hurst as to what date would be the most convenient for everyone. CONSTRUCTION MANAGEMENT SERVICES FOR FOUR BUILDING CONSTRUCTION Por) I GrTC The Board reviewed the following memo dated 12/28/89: TO: Board of County Commissioners DATE: December 28, 1989 FELE: CONSTRUCTION SUBJECT: MANAGEMENT SERVICES FOR FOUR BUILDING CONSTRUCTION PROJECTS, FRO5�.James E. Chandler County Administrator REFERENCES: By the end of March, four significant facility projects will be under construction. Bids have already been' awarded for the Jail Phase I I I, the North County Library and Main Library. Construction will begin in January. 40 The Health Department Building will be bid in January and award is scheduled for March. Scheduled completions range from October, 1990 to June, 1991. To effectively manage these projects during construction, a construction manager/owner representative is necessary. The function of the construction ` manager will be to work with the contractors and architects, on the County's behalf, to insure the projects are completed on schedule, within budget, and with a minimum of problems. Attached is a copy of a portion of the RFP that delineates the scope of services. In order to meet these needs and on the most cost effective basis, staff has simultaneously evaluated retaining a firm or an individual. In considering an individual, advertisements were placed for an experienced person to be retained as a permanent county employee or contractual employee for duration of the projects. A number of applications were received and three individuals were interviewed. As the evaluation process progressed, it became clear that one individual could not properly manage the job without additional support. For example, with construction beginning immediately on three projects, the time required for contract and plan -review, among other things, will be extensive at a critical time of construction when the manager should be on site. Additionally, at various points there will be scheduling conflicts such as concrete pours, which should be observed by the construction manager. At a minimum, supplemental inspection services will be required. Considering the continuing expense required in addition to salary and benefits, it would appear to be premature to establish a permanent in-house construction management function that would continue beyond the time element of -the four current projects. Additionally, 'there would be nothing to prevent the individual from leaving during the current project time frame or some personal problem resulting in time away from the projects. A qualified person was,. interviewed who expressed an interest in contracting for,the 18 month period. The base salary and benefit.expense for that time frame would be approximately $112,500. -Additionally-,---he would require reimbursement for . transportation expense and any work consistently required in excess of 40 hours per week. The total of this is estimated to be in the range of $5,000 to $10,000. Additionally, availability of a,personal computer would be needed. He emphasized that support inspection : services would be required. The estimated range for this service is $20,000 to $30,000. The total estimated expense of this alternative is approximately $152,000. However, it should be pointed out that if significant problems occur, severe scheduling conflicts arise, or other unanticipated circumstances develop, the cost would increase. Four firms were interviewed and the final ranking .approved by the Commission for authorization to negotiate a fee and contract. Sverdrup Corporation, the top ranked firm, proposed a fee of $529,000 to provide the services required in the RFP. In negotiations, that amount was reduced to $248,000. However, the scope of services was also significantly reduced. As a result, negotiations were terminated and in accordance with the Consultants Competitive Negotiations Act, negotiations were initiated with the second ranked firm, Rooney Enterprises, Inc. Rooney initially proposed a minimum fee of $356,000. A final offer of $338,000 was presented which would meet the requirements of the RFP. The offer was rejected on a cost -benefit basis and negotiations initiated with the next firm, Proctor Construction Company. Proctor initially proposed a minimum fee of $345,000. As a result of negotiations, that amount was reduced to $280,000 to provide the total scope of services required in the RFP. I believe that is a reasonable fee for the services of a firm to meet the required scope of services for the 18 month period. 41 �� 1990BOOK i ll c F_ JAN BOOK Recognizing the cost differential between contracting with a firm versus an individual, I am of the opinion that value of retaining a firm exceeds the cost differential. Considering that the four projects will be in progress at the same time, I believe the total resources of Proctor Construction can more effectively manage the projects. They are in a better position to deal with the time demands of scheduling, inspections, documentation, etc. As such, they are also in abetter position to anticipate and minimize problems normally associated with projects of this nature, which could otherwise result in increased construction expense in the form of change orders. It is my recommendation that Commission approve Proctor Construction Company and authorize staff to prepare a final contract. Funding for the service will be provided each project account. Chairman Eggert asked what percentages of the cost would be allocated to each of the projects, especially for the two libraries where they have sweated blood over the budgets. Administrator Chandler advised that 39.8% would be charged to Phase III of the Jail; 24.4% to the Health Dept. Building; 24.5% to the Main Library; and 11.3% to the North Library. Commi ssi-one-r---B_ir-d-was-pI eased to see the recommendation was for a local contractor who has an excellent reputation. While he was sure this contractor will do a fine job for the County in looking after these projects, it still went a little bit against the grain, after paying an architect and a general contractor, to have to go pay a watchdog to see that we are getting what we are supposed to get. Commissioner Wheeler pointed out that Martin County hired a construction management firm for $420,000 for their new courthouse/administrative buildings and they shout up and down that they have saved more than they have spent by the lack of problems, better material, better bidding, etc. In fact, they feel they saved that much right up front. 42 1 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Proctor Construction Company and authorized staff to prepare a final contract, as recommended by Administrator Chandler. DCA'S ASSESSMENT OF THE COUNTY'S DRAFT OF THE NEW COMPREHENSIVE PLAN The Board reviewed the following memo dated 12/21/89: TO: James E. Chandler County Administrator FROM: Robert M. Keating, AICP Q/14k Community Development Director DATE: December 21, 1989 RE: Draft Comprehensive Plan OCR Report It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 2, 1990. DESCRIPTION & CONDITIONS Please be advised that the county received its OCR ( Objections, Comments and Recommendations) report on Thursday, December 14, 1989. The OCR report is DCA's (Department of Community Affairs) assessment of the county's draft comprehensive plan. Judging from the length of the OCR reports received by other counties (St. Lucie & Palm Beach - over 150 pages; Martin over 130 pages), our report is good. At 88 pages and 200 objections, however, our OCR report is still a substantial document which will require considerable work to address. While some of the revisions necessary to address the OCR report are minor, others will involve time-consuming data and analysis modifications. Even if a more detailed analysis can justify certain policies which DCA has challenged, some objections, particularly those which relate to major policy issues such as comp plan densities, other urban sprawl -inducing policies, affordable housing initiatives, and others, will require substantive plan changes in order to satisfy the state. These issues, in particular, will need to be considered seriously by the board. On December 19, 1989, several of the planning staff went to Tallahassee and met with DCA staff. Based upon that meeting, staff has obtained an indication of DCA's position and their major concerns. It is staff's feeling that the substantive issues identified by DCA must be addressed in the final plan document. 43 `r ,JAPY 2 I r -7 BOOK �/ F,�Ui. ALTERNATIVES & ANALYSIS According to state law, the county has 60 days to adopt its comprehensive plan. In adopting the plan the county must address DCA's objections. If those objections are not adequately ad- dressed, the comprehensive plan will be found "not in compliance" by DCA. With respect to the 60 days, be advised that the time available to modify the plan at the staff level is less than 60 days. Considering that the adoption hearing must be advertised, the revised plan pages must be reprinted, a staff report must be drafted, and material must be available more than a week before the hearing,'that leaves much less than 60 days to do the work. The final adoption hearing has already been scheduled for February 13, 1990. Prior to that time, however, it would be helpful for the board to have a workshop on the comprehensive plan. At that workshop, the staff could provide more information on OCR report objections and identify plan revision alternatives. Most impor- tantly the board could provide staff with direction on addressing major policy issues. RECOMMENDATION Staff recommends that the board direct staff to,schedule a compre- hensive plan workshop for mid-January. Robert Keating, Director of Community Development, recommended that a workshop be scheduled so that staff can get further direction from the Commission regarding the major policy issues such as densities and other urban sprawl -inducing policies, affordable housing initiatives, etc. The Commissioners indicated their agreement to hold a workshop meeting at 9:00 o'clock A.M. on January 15, 1990. IRC #90-19 -- TRAFFIC PAINT STRIPING The Board reviewed the following memo dated 12/20/89: DATE: DECEMBER 20, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERV CES SUBJECT: TRAFFIC PAINT STRIPING INDIAN RIVER COUNTY BID #90-19 BACKGROUND: On request from the Traffic Engineering Division the subject ,_commodity was offered for bid. The specifications were for four inch 44 yellow solid centerline, four inch white edgeline, and four inch yellow skip centerline annual requirements. The bid was properly advertised and fourteen (14) invitations to bid were set out. Two (2) vendors responded with proposals. ANALYSIS: Staff has reviewed the submittals to ascertain adherence to specifications. G & B Asphalt Sealing, Inc. was low bidder that met all requirements. FUNDING: Monies for this project will come from Traffic Engineering Pavement Markings Account. Budgeted funds in this account total $65,000.004 RECOMMENDATIONS: Staff recommends the award of a one year OPEN END CONTRACT for an estimated annual requirement of $17,200 for Traffic Paint Striping. Also, authorize Purchasing to renew the contract for an additional one year subject to satisfactory performance, zero price increase, vendor acceptance and determination that renewal is in the best interest of the County. ON MOTION by Commissioner Sr-url-ock,—SECONDED by Commissioner Wheeler, the Board unanimously awarded IRC Bid 90-19, as set out in the above Staff recommendation. BOARD OF COUNTY COMMISSIONERS muthS&OKVmBNZLFwdanm �Nk Q r4arr.nn ism "ma Z A t. .. ♦.... mamtt Recammetded Awad G a B Asphalt sealing, i= OR1Bid $ .045 1F ° n/30/89 PURCHASING DEPT. BID TABULATION S briltted PURCHASING MANAGER Bid WD -19 Dote Of Openi°p 11/29/89 Title Traffic Stripiag 1. G & B Asphalt Sealing, Inc 710-4 Solid Traffic Stripe - 4. V&ite-$.045L? ' Peso BeachFlorida710-4 FAgel— Solid Traffic Stripe - 4" Yenao S.0451F 2. Tree Line-Stri 710-4 Solid Traffic Stripe - 4" Port Orange, Florida 710-4 Solid Traffic Stripe - 4" e11oh- 710-4 Mdl, Traffic tri - 4" yellp� -m Qmterliae 3. ftwitims aFamment co tion - Alt mante Spring-, Florida 45 BOOK "U. U. ��� JAN BOOK 78 e ROOF REPLACEMENT - VERO BEACH MAIN LIBRARY The Board reviewed the following memo dated 12/28/89: DATE: DECEMBER 28, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERV SUBJECT: VERO BEACH MAIN LIBRARY ROOF BACKGROUND: Staff has attempted to correct the leaking problems at the subject facility. We reached a point where our effort is of no avail and a local roofing company was called in to recommend a solution to the problem. The consultant advised the roof had deteriorated to a point where repair was impossible. Repairmen working on reported leaks caused new leaking by walking on the roof. This writer has been inside to survey the damage experienced. Plastic covering has been placed over book shelves for.protection in some areas along with buckets in other locations to catch the leaking water. With all the precautions taken, we have--l-ost --an-- esti-mated $2,000 worth of books and the leaks still remain. ANALYSIS: Although, we anticipate moving the library out of this building: in late 1990, staff does not feel the materials housed in the facility can be adequately protected until then. It is also felt that the Foof will need to be renovated before the building can be used for some other county need or sold. FUNDING• The local roofing contractor has recommended that the present roof and insulation be removed, due to saturation of the insulation, as experienced on our Administration Building during recent roof replacement. Total cost for renovations as described here -in are estimated to be approximately $30,000. RECOMMENDATIONS: Based on the above staff recommends Board approval to bid the above described roof replacement and authorize funds from the -General Fund Contingency Account. Lila ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously authorized staff to go to bid on the described roof replacement, funding to come from the General Fund Contingencies. Commissioner Scurlock asked if the General Contingencies Fund would be. reimbursed for this $30,000 expenditure if and when we sell this building, and OMB Director Joe Baird advised that the money from the facility definitely would go back into the General Fund as the building and property is a General Fund asset. Chairman Eggert noted that there is a deed restriction that says that money has to be spent for non -construction items for the Main Library. CIRCUS LEASE The Board reviewed the following memo dated 1/2/89: TO: Members of the Board of DATE: January`_;-'I989J-- FILE: County Commissioners 7J: Mr. James E. Chandler SUBJECT: "Circus Lease" County Administrator FROM: REFERENCES: Bob-Kcmarinetz Director of Golf :>. • u • • u The Allan C. Hill Entertainment Corp. has requested the rental of the fairgrounds on Wednesday, January 31, 1990 for the Great American Circus. The rental charge for the day is $1,000.00 payable on or before the 24th day of January 1990. I have enclosed a copy of the lease agreement along with a copy of the trash deposit of $500.00 and also a copy of the Showground Agreement for signature. Staff recoxmends the lease of the fairgrounds on Wednesday, January 31, 1990 to the Allan C. Hill Entertainment Corp. for the Great American Circus. 47 JAN �� BOOK, I BOOK L78 j= MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wheeler, that the Board approve the lease of the fairgrounds on Wednesday, January 31, 1990 to the Allan C. Hill Entertainment Corp, for the Great American Circus, as recommended by staff. Under discussion, Director Komarinetz advised that we will be charging a rental fee of $1,000 a day, and Administrator Chandler noted that we we are in the process of doing a study on what those fees should be. In this particular case, we have increased the charge from $500 to $1,000 a day. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. LEASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY MULTI -COUNTY SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM The Board reviewed the following program summary from Escambia County Housing Finance Authority: _Wilham I Hough & Co. 100 SECOND AVENUE SOUTH SUITE 800 ST. PETERSBURG, FLORIDA 33701 (813)823-8100 ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY Multi -County Single Family Mortgage Revenue Bond Program Proposed Program Summary Mortgage Rate: Approximately 1.5% - 2% lower than FHA/VA rates at time Bonds are priced Mortgage Terms: Origination Period: Underwriting Criteria: 30 years; fixed rate; FHA/VA only 15 months First-time homebuyer (cannot have owned a home in last 3 years) FHA/VA and GNMA underwriting policies 48 Maximum Current Annual Family Income: Indian River Martin �St. Lucie -NON-TARGETED AREAS 1-2 Family 3 + Family Members Members 29,500 33,925 29,500 33,935 29,500 33,925 TARGETED AREAS 1-2 Family 3 + Family Members Members N/A N/A N/A N/A 35,400 41,300 Maximum Acquisition NON -TARGETED AREAS TARGETED AREAS Prices: New Existing New Existing Indian River 84,870 72,540 N/A N/A Martin 84,870 72,540- N/A N/A St. Lucie 84,870 72,540 103,730 88,660 Homebuyer Origination Fee: 3.50%, plus $250 application fee Lender :Commitment Fee: 2% for spot funds 2.50% for builder reservations Lender Origination Profit: 1.5% Builder Reservations: A maximum of 75% of each lender's allocation can be reserved for builders. No more than 50% of total program moneys can be reserved for builders. No more than 10% to any one builder. Commitment Period: 50% of program allocation -within 6 months 75% of program allocation within 9 months 100% of program allocation within 12 months Master Servicer: Servicing Released; Master Servicer not determined. STATE, COUNTY AND MUNICIPAL BONDS...., Commissioner Scurlock explained that Escambia County's program would be among the alternatives for revenue bonds that the Finance Advisory Committee would be bringing to the Board in the near future, and wished to table this item for 3 weeks. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously tabled this discussion until the meeting of January 23, 1990. 49 JAN 21990 BOOK ki TAU BOOK GOLDEN SANDS PARKIRRIGATION WELL The Board reviewed the following memo dated 12/19/89: TO: James E. Chandler, County Administrator FROM: James W. Davis, P. E. _ Public Works Director J SUBJECT: Golden Sands Park Irrigation Well REF. LETTER: Leroy Hiers, United Irrigation, to Jim Davis dated 11-29-89 DATE: December 19, 1989 DESCRIPTION AND CONDITIONS Due to the large water bills that the Parks Department is receiving at Golden Sands Park, the staff and United Irrigation have investigated the feasibility of installing two shallow wells at the park and installing the appropriate equipment to convert the irrigation system to a shallow well supply. The attached proposal in the amount of $2,150 provides for phis work. ALTERNATIVES AND ANALYSIS Since the water bill a -t --the park has been $600/month on the average, the cost savings in one year should repay this capital investment. RECOMMENDATIONS AND FUNDING It is recommended that the shallow wells and pumping equipment be installed at Golden Sands Park. Funding to be from 001-210-572-066.51. COMMISSIONER WHEELER'S Motion to approve staff recommendation died for lack of a second. Commissioner Scurlock asked why we are not going to bid on this, and Commissioner Bird explained that this all evolved when the Parks & Recreation Committee took a tour of all the parks and found that the water bills were running very high at Golden Sands. Leroy Hiers happens to be on that committee and offered to run some tests to see if there is any decent water that we could tap into. He then came back to Director Davis with a proposal of what it would cost to put in a well, and it was a negotiated thing between Director Davis, staff, and Mr. Hiers. 50 L l Commissioner Scurlock commented that it only takes about 40 minutes to do a test well because you are only talking about going down 14-17 feet. He would have liked to see us get some quotes from the other 6-8 firms in this community who do this type of work. He realized that this is a case where someone sitting on a committee is trying in good faith to help the County, but on the other hand, it opens us up to potential criticism because the.same thing could happen on other committees. Administrator Chandler felt we could go ahead and'get some informal quotes to see if this is in range, and if it is out of proportion or high, we can go with someone else. He emphasized that we have been trying to encourage more and more competitive bidding on everything. Commissioner Scurlock felt that we should get at least 2 or 3 other quotes on this job, and Public Works Director Jim Davis advised that staff certainly could do that. He explained that this really came out of the Parks & Recreation Committee, not the staff. Commissioner Bowman realized that this price was under the $3,000 ceiling requirement for bidding it out, but she felt it should not happen again. She asked if we have installed water -saving spigots and limited shower heads in the park, and Administrator Chandler believed they had converted to that equipment in the last couple of months, but would check to see if that has been done. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously tabled this item for one week to allow staff time to obtain a few informal quotes and make sure we have done everything we can about installing water -saving fixtures in the restrooms and showers. 51 I rpt 'A BOOK 10 : �"M' JAN 2 1990 - AMENDMENT TO AGREEMENT WITH LLOYD 8 ASSOCIATES FOR ADDITIONAL ENGINEERING/SURVEYING SERVICES - MISCELLANEOUS INTERSECTIONS, The Board reviewed the following memo dated 12/14/89: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Amendment for Additional Professional Engineering/ Surveying Services - Miscellaneous Intersections Phase III - LLoyd & Assoc, Inc. REFERENCE LETTER: Bill Myers to Jim Davis dated 11-21-89 DATE: December 14, 1989 DESCRIPTION AND CONDITIONS On November 7, 1989 during the regularly scheduled meeting of the Board of County Commissioners, the Board authorized the attached amendment to provide for Engineering Services to extend the left turn lane at 41st Street/43rd Avenue easterly 500' to the driveway of the Sheriff's Complex and Jail. The attached amendment provides for this additional service, and modifies insurance requirements as approved by the County's Risk Manager. RECOMMENDATIONS AND FUNDING Staff recommends that the Board approve the amendment and authorize the Chairman's signature. Funding to be from 105-214 Gifford Road Improvement Fund. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the First Amendment to Professional Engineering Services Agreement for Phase III Miscellaneous Intersection Improvements, as recommended by staff. AMENDMENT TO AGREEMENT IS ON FILE IN THE OFFICE OF THE -CLERK TO THE BOARD 52 FINAL CHANGE ORDER - ENGINEERING SERVICES - ROCKRIDGE SEWER PROJECT The Board reviewed the following memo dated 12/19/89: DATE: DECEMBER 19, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF.UTILITY SERVICES SUBJECT: FINAL CHANGE ORDER - ENGINEERING SERVICES ROCKRIDGE SEWER PROJECT IRC PROJECT NO. US -87 -08 -CCS PREPARED AND STAFFED BY: HARRY E. ASHER ASSISTANT DIRECTOR OF UTILITY SERVICES BACKGROUND The final Change Order for the construction contract of the Rockridge Sewer Project was approved by the Board of County Commissioners on October 10, 1989. The total construction cost was $1,990,157.67, a reduction of $421,622.00 from the original contract price. The project resulted in the abandonment of 413 existing septic tanks, the installation of 413_grinde_r__pumps with basins, 413 service connections, approximately 38,750 feet of force main, nine wet taps to existing force mains, and associated restoration. The expanded EPA and DER requirements necessitated the extension of the project construction time. ANALYSIS The existing construction time required additional general services and resident inspection by the engineer. The balance due the engineer is $45,296.00, which will bring the ,total cost for engineering services to $167,896.00; $5,683.00 under the EPA Grant amount for engineering of $173,579.00. The Department of Utility Services is pleased to inform the Board of County Commissioners that the total engineering costs of $167,896.00 represents a total of 8.390 of total construction cost.of $1,990,157.00 for engineering services. Indian River County will receive from EPA/DER $5,683.00 above our total engineering cost. RECOMMENDATION The staff of the Department of Utility Services recommends approval for payment of the final amount of $45,296.00 for engineering services to the engineer to finalize the Rockridge Project. 53 � JAN 21990 boa _ tI C) [a6L sdu 'JAN 2 1990 78 r= r 8001 `a ,r. Commissioner Scurlock asked if the 8.39% includes the resident inspection fees, and Utilities Director Pinto confirmed that it does. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved payment of the final amount of $45,296 for engineering services to Camp Dresser McKee to finalize the Rockridge project. BAYTREE FORCE MAIN The Board reviewed the following memo dated 12/19/89: DATE: DECEMBER 19, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO -------- ---------DIRECTOR OF UTILITY SERVICES SUBJECT: BAYTREE FORCE MAIN IRC PROJECT NO. US -89 -15 -CS PREPARED AND STAFFED BY: JOHN FREDERICK ENVIRONMENTAL SLANPECT IST DEPARTMENT OF UTILI I SERVICES BACKGROUND The Sea Oaks Wastewater Treatment Plant is the regional facility for the North Beach Region of the County for sewage treatment. The Baytree Wastewater Treatment Plant is a franchise facility lying directly to the south. Since the County is in possession of the Sea Oaks facility, the franchise is being phased out. The plant abandonment and removal will be the responsibility of the franchisee. The connection of the existing force main to the County force main system will be the responsibility of the County. ANALYSIS The engineering, permitting and drafting will be by County personnel. The project, to save time and cost, is proposed as a change order to the South Sixth Avenue Sewer Improvement Project. Utilizing this project will result in a savings of bidding costs and provide M.intity discounts not available for such a small job. In addition, this force main construction will complete the force main system of the North Beach region south of State Road 510. The contractor has.calculated the cost to the County based upon the unit costs in the contract as $8,124.48, as shown in the proposal. 54 RECOMMENDATION The Department of Utility Services recommends that the Board of county Commissioners authorize a change order to the Sixth Avenue contract to eliminate the last package plant in the North Beach region. The cost of construction is not to exceed $10,000.00, and working time not to exceed five calendar days. The funding for this project is to come from Account No. 472-000-169-078-00. Commissioner Scurlock understood that we had Ted Myers' prices on the 6th Avenue project, which was a bid project, and that this recommendation is to extend the unit prices of that project to this one. Director Pinto explained that on the Ted Myers' project, we got the advantage of volume prices because of the large quantities ordered. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation as set out in the above memo, emphasizing that the cost of construction is not to exceed $10,000. CHANGE ORDER WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED 3UGK i CJ rA'UL .JAN .P 19) BOOK .78 N�J'JE 812 UTILITIES RATE CONSULTANT SELEC ION The Board reviewed the following memo dated 12/26/89; DATE: DECEMBER 26, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PINT DIRECTOR OF UTIL T� SERVICES PREPARED AND STAFFED HARRY E. ASHER BY: ASSISTANT DI OR O UTILITY SERVICES SUBJECT: UTILITIES RATE CONSULTANT SELECTION BACKGROUND The Department of Utility Services requested proposals on August 28, 1989, under Proposal #89-P10, and has initiated the process of selection for a rate study consultant. The ordinances to be reviewed are 84-18, 85-3 and 87-42. The rate selection committee interviewed interested firms and has ranked them as follows in interviews after the proposal review September 27, 1989: 1) CH2M HILL 2) Gee & Jensen 3) Ernst & Young ANALYSIS The Department needs to retain a Professional Utilities Rate Consultant to review the County's Utility Rate Structure so as to recommend revisions to rates and/or methodologies. This firm will assist the Board and its staff in conducting rate hearings, if desired, and will address problems with pricing, keeping pace with raw material price escalations, etc. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the implementation of the rate review, conduct negotiations as to scope of work and cost, and proceed with an agreement with the first choice firm, based upon the outcome of the negotiations. 56 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved staff's recommendation as set out in the above memo. Utilities Director Terry Pinto advised that they would be bringing it back for contract approval after establishing the scope of services and negotiating a price. RECYCLING AND EDUCATION GRANT 1989 - AND - WASTE TIRE GRANT 1989 The Board reviewed the following memo dated 12/19/89: DATE: DECEMBER 19, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO, DIRECTOR SOLID WASTE DISPOSAL DISTRICT FROM: RONALD R. BROOKS, MANAGER SOLID WASTE DISPOSAL DISTRICT SUBJECT: RECYCLING AND%pEDUCATION GRANT 1989 WASTE TIRE GRANT 1989 BACKGROUND Under the mandate of the 1988 Solid Waste Management Act, the Indian River County Solid Waste Disposal District was required to develop a Solid Waste Recycling Program by July 1, 1989 and submit a recycling report to the Department of Environmental Regulation by October 1, 1989. District staff developed an initial recycling program and applied for grant funds to implement that program. The program and requested grants in a total amount of $178,565 was approved by the DER thereby meeting the deadline -of July 1, 1989 for developing a Recycling Program. The District hired the services of Camp Dresser & McKee to prepare a report and recommend an overall long term recycling program. CDM's report and recommended long term Recycling Program was approved by the District Board and the report was forwarded to the DER in compliance with the October 1, 1989 deadline. District staff submitted a second application to the DER for grant funds for the 1989-90 budget year. A Recycling and Education grant in the amount of $185,939 and a Waste Tire grant in the amount of $27,954 has recently been awarded to the County. The total grant amount is $213,893.00. This most recent grant combined with the grants from 1988-89 ($178,565) provided a total of $392,458 in grant funds for implementation of the Districts' Recycling Program. ��� a` 57 �-,, � c [3L1G14 E ft1i�E K%'; ` W � Q Boa Is F.4uL CONCLUSION Attached are contracts for the 1989-90 Recycling and Waste Tire grants. District staff requests that the Board approve the grant contracts and authorize the Chairman of the Board of County Commissioners to execute the contracts on behalf of the County. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the two grant contracts and authorized the Chairman's signature, as recommended by staff. GRANT CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE TOWN OF ORCHID/WINDSOR POLO UTILITY ASSIGNMENT The Baa rd--rev-i 4d—t-h-e- following memo dated 12/14/89: TO: Board of County Commissioners FROM: Charles P. Vitunac - County Attorney DATE: December 14, 1989 RE: TQVN OF ORCHID/WINDSOR POLO UTILITY ASSIGNMENT On August 22, 1989, the County, Windsor Polo and Beach Club, and the Town of Orchid entered into a three party agreement relating to a certain allocation of costs and ERU's resulting from the County extension of utility service to that area from the recently acquired North Beach Water Plant and Sea Oaks Sewer Plant. The Town of Orchid and Windsor Polo and Beach Club now wish to assign the ERU capacity reserved by the Town to the Windsor Polo and Beach Club in exchange for cancellation of a debt owed by the Town to the Windsor Polo and Beach Club, and both parties have asked the County for its acquiescence in this assignment. Since the requested assignment has no fiscal or utility impact upon the County, the Utilities Department and other staff have recommended execution of the consent to assign form, as shown on the attached agreements. ® s � ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously authorized .the Chairman to execute the consent to assign form, as recommended by staff. ASSIGNMENT AND RELEASE ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RETURN OF FUNDS PAID IN LIEU OF BEACH ACCESS EASEMENT DEDICATION The Board reviewed the following memo dated 12/27/89: TO: The Board of County Commissioners FROM:,` ✓✓ William G. Collins 11 - Assistant County Attorney DATE: December 27, 1989 SUBJECT: Request for Return of Funds Paid in Lieu of Beach Access Easement Dedication As a result of the Associates Management settlement, we have received a request for return of cash paid in lieu of -beach access easement dedication, with interest, from Shoreland Development, Inc. One thousand dollars received from Shoreland Development, Inc. was deposited by the County on January 5, 1987 for Shorelands West Subdivision. RECOMMENDATION Return cash paid in Lieu of beach access easement to: Shoreland Development, Inc. P. 0. Box 4059 Vero Beach, FL 32964 In the amount of $1,238.85, representing the amount deposited and interest accrued at the rate of 7.35% from the date of deposit to January 12, 1990 (the date that the refund check would be issued). Funds to come from Account No. 113-210-572-033.16. Assistant County Attorney Will Collins advised that this is the last of these returns. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously authorized the return of funds to Shoreland Development, Inc., as set out in the above staff recommendation. 59 BOGS. .�U r�1Ut�1�� y `, BOOK p 8 f a r..•E 816Jkfl REQUEST TO PURCHASE_ PARK TRACT IN SUNSHINE QUALITY HOMES UNIT II The Board reviewed the following memo dated 12/26/89: TO: The Board of County Commissioners FROM:L;;I`. William G. Collins II - Assistant County Attorney DATE: December 26, 1989 SUBJECT: Request to Purchase Park Tract in Sunshine Quality Homes Unit II On December 19th an item for plat vacation was withdrawn from the agenda because the staff recommendation to retain access to a park tract within this subdivision would frustrate the intent to replat the entire site for a multi -family development. A formal request to buy the park tract was received on December 21, 1989 from the owners of the lots within Sunshine Quality Homes Unit II. Because the parcel is -valued at more than $5,000, Florida Statute 125.35 requires notice of the sale of the property to be published once a week for at least two weeks in the newspaper, said notice calling for bids for the purchase of the real estate and setting forth any conditions of the bid, including deposits to be received with each bid. The Board may reject all bids if they are too low. Frank, Concetta and Paul Liggieri own all the lots in Sunshine Quality Homes Unit II. They could object to a sale to a third party by virtue of their implied easement to have that parcel used as` a park tract. Thus, is appears that Florida case law precludes sale of a parcel to anyone other than the Liggieris, while Florida Statutes preclude sale to the Liggieris without going through the formality of a bid. RECOMMENDATION Declare the park tract as shown in the southwest corner of Sunshine Quality Homes Unit II, Plat Book 5, Page 63, Public Records of Indian River County surplus and advertise for bids in two consecutive weeks of the Vero Beach Press Journal. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Scurlock, that the Board declare the park tract as surplus property and advertise for bids, as set out in the above staff recommendation. .e Under discussion, Commissioner Scurlock noted that this particular piece of property was secured for recreation purposes under the original pla-t, and asked if we have the legal ability, if we sell it, to remove that encumbrance and allow it'to be used for some non -recreational purpose. Attorney Collins advised that we do, and recalled that we had a case about two years ago up in Orchid Island Estates where we were trying to swap a tract of park land in Hobart Park, and the court ruled that any person who purchases a lot by reference to a plat map that shows a park tract has an implied easement to use that as a park tract. in this case the applicant for plat vacation owns all the lots, and they are the only on.es who could raise an objection to us selling it to a third party. What they want to do is take a single family subdivision of sub -standard sized lots and replat it for muNiti-family development, but when the Planning Dept, wanted to reserve access to this park tract, they said that if they had to have roa-ds---th-r-ough---t-he i -r multi -family development, it is going to frustrate the whole project. The applicant could still could object ,to a sale, but we have to go through the bidding process because the statute says that if we sell anything worth more than $5,000, we have to bid it. Attorney Collins felt it is probably an abundance in caution, but we just want to cover all our bases. The applicant will end up buying the tract, replatting it, and bringing in a new multi -family development. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 'F 61 sir �1 BOOK © fIlu 9 ,JAN 2199® BOOK FAGS COMMITTEE APPOINTMENTS/REAPPOINTMENTS After reviewing the list of committees and incumbents to those committees, the Board approved the appointments and reappointments of the following committees by one Motion. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the appointments and reappointments to the following committees: 62 A. COMMITTEE APPOINTMENTS/REAPPOINTMENTS 1) BOARD OF TRUSTEES OF LAW LIBRARY (1 year term) Present Incumbent: Carolyn K. Eggert 2) BOARD OF ZONING ADJUSTMENT (2 year terms) Present Incumbents: John Kirchner (District 2) Ralph Lindsey (District 4) Dorothy Hudson (District 5) 3) COUNTY CORRECTIONAL PLANNING COMMITTEE (Serves at Discretion of Board) Request to expand committee by adding: William Koolage Charles L. Visalli Rev. Buddy Tipton 4) ECONOMIC DEVELOPMENT COUNCIL (Serves at Discretion of Board) Acceptance of Edgar L. Schlitt's Resignation (Letter dated 10/24/89) Carolyn K. Eggert Martin Wall Skip Houser - Climatic (NEW) Ralph Lundy Keith Pelan - Landscape Architect (NEW) Becky Allen - Barnett Bank (NEW) Linda Lindsay - Schlitt Realty (NEW) Peter Robinson Board of Realtors - Herndon Williams Chamber of Commerce - Tom Cornelius Council of 100 - Keith H. Morgan, Jr. School Board - Gene Waddell. City of Vero Beach - Molly Beard City of Sebastian - Robert McCollum Ned Gartner 6) FINANCE ADVISORY COMMITTEE (2 year terms) Present Incumbents: Don C. Scurlock, Jr. Ed Lovell John Morrison 7) IRC COUNCIL ON AGING (1 year term) Present Incumbent: Margaret C. Bowman 63 R 19'9U 1 BOOK Fo C'� �, JAN o-') ��3 0 BOOK 78 F' 1'jL ?U 8) LIAISON BETWEEN COUNTY AND EMERGENCY MANAGEMENT (1 year term) Present Incumbent: Carolyn K. Eggert 9) LOCAL ENERGY MANAGEMENT (1 year term) Present Incumbent: Doug Wright 10) NORTH COUNTY FIRE ADVISORY BOARD (1 year term) Present Incumbent: Gary C. Wheeler 11) NORTH COUNTY FIRE DISTRICT (1 year term) Present Incumbents: Gary C. Wheeler, Chairman Richard N. Bird, Vice Chairman 13) PARKS AND RECREATION COMMITTEE (1 year term) Present Incumbents: Richard N. Bird Michael Wodtke Leroy Hiers George Schum John McDonald Valarie Brant Jean Carter Pat Callahan (changed to non-voting member since she is -- now a member of staff) i14) PLANNING AND ZONING COMMISSION (4 year terms) Present Incumbents: John Brenner (at large) Daniel Richey (at large) 15) REGIONAL ENERGY MANAGEMENT (1 year. term) Present Incumbent: Doug Wright 17) TOURIST DEVELOPMENT COUNCIL (4 year terms) Present Incumbents: Gary C. Wheeler George Bunnell Vacancy (Motel/Hotel) R. M. Tenbus John Morrison 64 I I The Board proceeded to address the following committees individually. 5) ECONOMIC OPPORTUNITIES COUNCIL (1 year term) Present Incumbents: Vacancy (District 1) Freddie Woolfork (District 2) Vacancy (District 3) Vacancy (District 4) Vacancy (District 5) ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously tabled discussion on the Economic Opportunities Council. 12) OVERALL EXTENSION COMMITTEE (2 year terms): Present Incumbents: Vacancy District 3 Cathy Rovella District 4 Hildie Tripson District 5 ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously tabled discussion on the Overall Extension Committee. JAN X 1-9-190 65 BUOK (; F,,.,L bpi Fr - Boor f`� E4.1 jAv J �� 16) SOUTH COUNTY FIRE ADVISORY BOARD (1 year term) Present Incumbents: Chairman of County Commission Vice Chairman of County Commission Mayor of Vero Beach Vice Mayor of Vero Beach B. T. Cooksey (City appointment) Dan Richey (County appointment) President of Fire Fighters Assn. Commissioner Scurlock advised that this advisory board's role has changed significantly and it has not met for 3 years. He felt we need to abolish the board since we now have a direct line of communication through paid professionals to the Board of County Commissioners, but believed we need to research it because this also will.set the format for the North County . Attorney—V-1ttirrac—advi-sed that abolishment of the advisory board requires an ordinance amendment, but the Board of County Commissioners has the power to adopt that ordinance without referendum. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously directed the County Attorney to prepare an ordinance amendment to abolish the South County Fire Advisory Board and notify the City of Vero Beach of the County Commission's intention by letter. M. 1 k r 18) TRANSPORTATION PLANNING COMMITTEE (1 year term) Present Incumbents: Margaret C. Bowman Vernon Krause (has never attended a meetinu) Robert McCarthy W. W. Clark Sandra Bowden Joseph P. Brooks Sr. Walter Jackson Robert Haines IV (missed 5 out of 6 meetings Commissioner Scurlock was concerned about the lack of quorums recently due to poor attendance by some members on this committee, and suggested that in the future if members have three unexcused absences annually, they are off the committee. He felt that perhaps Commissioner Bowman would like to come back at the next meeting with some recommendations for restructuring, such as appointing representatives from each of the 9 traffic impact fee districts, and establishing the absentee provision for dismissal. He felt that members should be given notice, after having two unexcused absences, that if they miss one more meeting, they are off the committee. Commissioner Wheeler felt we should do that with all the committees, because he was having some difficulties in getting a quorum on some of his committees also. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the policy that any member of the Transportation Planning Committee having 3 unexcused absences will be dismissed, and tabled discussion of the restructuring and appointments to this committee. JAN �+ V� 67 BOOK Fr- IJAK 199BOOK 1 8 Psi- L COURTHOUSE FACILITIES ADVISORY COMMITTEE Commissioner Wheeler stated that he would have no objection to abolishing this committee as it was originally established to decide whether we need a courthouse, and if so, how much space was needed and where it should be located. That task has been completed. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously abolished the Courthouse Advisory Committee. SUPPORT OF VINCENT MCCANN'S NOMINATION FOR VICE PRESIDENT OF THE FLORIDA COUNTY SERVICE OFFICER'S ASSOCIATION The Board reviewed the following letter dated 12/12/89: f OF AL SERVICES STREET )A 32778 December 12, 1989 Board of County Commissioners Indian River County 1840 25th Street Vero Beach; FL 32960 Dear Mr. Chairman: REPLY TO: VETERAN SERVICE OFFICE 407 EAST ALFRED STREET TAVARES, FLORIDA 32778 PHONE: (904) 343-9753 SUNCOM: 659-1753 olsr�!OUTION LIST (;:Jj i i1} ,;; .;;Ui iers Pub,.14 r "Yorks Ly Finca, ice It is my pleasure to inform your Board that Mr. C. Vincent McCann of the Indian River Veterans Service Office is a nominee for the Vice President, to represent the Central East portion of the State of Florida for.the County Service Officer's Association. It is hoped that you will support our efforts in -this nomination. If elected, Mr. McCann will be expected to represent our association at various meetings throughout this coming year. This of course will require additional travel and time on his part. As a member of this committee, it will be Mr. McCann's responsibility to keep other service officers informed of changes in association, State, or Federal policies which might affect our various offices. The continued success of our association is determined by the commitment of those who fill our committee positions. We, of the nominating committee, feel that Mr. McCann is well qualified to carry on these various responsi- bilities. I would like to request a letter of support from your County to submit along with Mr. McCann's nomination. Could you please direct your response to me at the address above at your earliest possible convenience. Respectfully, Dona d W. Priem, Jr. Veteran Service Officer DISTRICT ONE DISTRICT TWO DISTRICT THREE DISTRICT FOUR DISTRICT FIVE - C.W. "CHICK" GREGG DON BAILEY RICHARD SWARTZ THOMAS J. WINDRAM MICHAEL J. BAKICH ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously directed staff to prepare of letter of support for the nomination of Vincent McCann for Vice President of the Florida County Service Offi-cer--'--s---As-sociation, and authorized the Chairman's signature. CULTURAL GRANTS The Board reviewed the following memo dated 12/26/89: TO: Board of County DATE: December 26, 1989 FILE: Commissioners SUBJECT: Cultural Grants FROM: Carolyn K. Eggert REFERENCES: Vice Chairman Each year the pressure on the community to support libraries, the three theatres, the Center for the Arts, and other cultural organizations becomes greater. Indian River County has some outstanding cultural organizations, but as a small county, does JAN *690 69 Boor 78 mu, r JAN 2 1990 BOOK not always have enough of a commanding presence in Tallahassee to get some of these grants Therefore, I ask the Board of County Commissioners to issue a resolution of support to be given to our Legislative Delegation and sent to Tallahassee for: 1. Continued funding of library grants in all facets of the library services. 2. The approval of one of the major grant applications sent by the Center for the Arts. 3. The recognition that a small county can have outstanding cultural offerings and desires to have grant applications for theater, music, art and dance supported and given equal consideration to other counties. Chairman Eggert explained that every year the State seems to want to dive into the library grants, and Indian River County has some good ones'that she would like to see maintained. The Center of the Arts has made application for two major grants that we hope we can do something with, and she wished to send a Resolution to the "powers that be" in Tallahassee and to the Legislative Delegation supporting the three items listed above, with big emphas-i s---o-n---i te-m- 3. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 90-2, to the Governor and Cabinet of the State of Florida and to the Legislative Delegation of Indian River County in support of funding certain library and cultural activities. 70 RESOLUTION NO. 90-2 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE GOVERNOR AND CABINET OF THE STATE OF FLORIDA AND TO THE LEGISLATIVE DELEGATION OF INDIAN RIVER COUNTY IN SUPPORT OF FUNDING CERTAIN LIBRARY AND CULTURAL ACTIVITIES. WHEREAS, the quality of life which Floridians enjoy is kept high not only by having sufficient infrustructure available but also by having cultural and artistic amenities available to its population, and WHEREAS, in times of budgetary shortfalls there is a tendency, to look first to cultural activities as. a place where fiscal savings can be made, and WHEREAS, the cost of library and cultural activity support is very small compared with the benefits derived from the expense, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Board of County Commissioners strongly urges the Governor and Cabinet of the State of Florida and the Legislative Delegation of Indian River County to support funding of library grants for all facets of library services throughout Florida and, in particular in the Indian River County area. 2. The Board of County Commissioners supports the major grant applications filed by the Center of for the Arts in Indian River County and hopes the State wi I I be able to award the grants. 3. The Board of County Commissioners urges that grant applications from small counties be given the same consideration as large counties, since even small counties can have outstanding cultural offerings and will benefit from theater, music, art, dance and other cultural activities. The foregoing Resolution was offered by X90 N � �� � �� ,JAN 21, IZ530 BOOK`18 PAGE Commissioner Scurlock and seconded by Commissioner Bird and upon being put to a vote the vote was as follows: Chairman Carolyn K. Eggert ALe Vice Chairman Richard N. Bird A,Le Commissioner Margaret C. Bowman Awe Commissioner Don C. Scurlock, Jr. A ee Commissioner Gary C. Wheeler Awe The Chairman thereupon declared the resolution duly passed and adopted at public hearing held this 2n4 day of January , 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA �. By Caroly K.�€g egeg Cairman SUPPORT OF OLIN BAGLEY'S APPLICATION TO SERVE ON THE IRC HOUSING AUTHORITY The Board reviewed the following memo dated 12/27/89: rO: Board of County Commissioners FROM: Carolyn K. Eggert County Commissioner DATE: December 27, 1989 FILE: SUBJECT: support of Olin J. Bagley's application to serve on IRC Housing Authority REFERENCES: Godfrey E. Gipson has served two terms on the Indian River County Housing Authority and has done an excellent job. However, the Governor's office is sticking by its two term limit and will not reappoint. Olin J. Bagley is an excellent candidate to take his place. I recommend that the Board of County Commissioners support his nomination to the Housing Authority. 72 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously declared ..their support of Olin J. Bagley being appointed by the Governor to serve on the IRC Housing Authority. SOLID WASTE DISPOSAL DISTRICT MEETING The Chairman announced that immediately upon adjournment, the Board would reconvene sitting as the District Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board ad j ourned__-a_t_-2.;_1.5-_. o' c I ock P.M. ATTEST; Chairman dy 17 73 JAN 2 1990 BOOK 78 PA,u